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Common Sense

No Taxation Without Representation

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Okay, I’ll come clean. I’m no fan of taxes to begin with. I hope that doesn’t make me sound too un-​American. But as I see it, if taxes are going to be imposed, that’s a job for representatives, for legislators.

Remember that old line about “no taxation without representation”? Well, there’s a sister phrase that goes, “no taxation through judicial usurpation.” The courts are supposed to interpret the law and rule on the law, not make the law from scratch. They have no legal authority to be slapping new taxes on us. Yet more and more, that’s what is happening. For example, in Rockford, Illinois, the courts ordered more spending on schools than the voters had approved through various referendums. In New York City, courts ordered mandatory shelter for the homeless. The lawyer who brought the case was asked why he sued in court, instead of taking his case to the legislature. This guy admits, “Personally, I don’t like politics.” He says, “It’s really hard.” Yeah, it’s a lot easier to pass laws in a dictatorship. You only have to convince one guy. The examples could be multiplied.

Where are our representatives while all this is happening? Well, if they weren’t so gutless, they’d protest this kind of judicial dictatorship. But they’re so worried about getting reelected that it’s actually in their “interest” narrow political interest, anyway to let the courts make many of the tough decisions. So we’re without real representation, and we suffer, and our democracy suffers.

This is Common Sense.  I’m Paul Jacob.

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