Legal vagueness as a legislative strategy and weapon.
- Thread starter Rap
- Start date
There are no checks except a court system that is very broken./
meketrefe
.450/400 Nitro Ex
I don't see a lot of protests and lawsuits starting with the initiative from organizations that should be organizing these.
What is a lot more concerning is that nothing effective is done to make our kids safer.
gunpoliticsny
6.5 Creedmoor
Bills are written to be as vague as possible to be as all encompassing as possible.
livingston
20×102mm Vulcan
Folks in the court system can play wide and loose to get a conviction. .. Or at least make one's life miserable
spat
.950 JDJ
In theory a vague law is unconstitutional.
Once upon a time we had a court that did it's job and they ruled that a law needs to give clear and unambiguous notice about what is prohibited or it is unconstitutional and therefore null and void.
If that doctrine were still followed then anytime some agency changed it's interpretation of law, that would be proof it was vague and would invalidate the whole thing.
Celt
.450/400 Nitro Ex
Kind of funny how you brought this topic up today as I just watched a video this morning from the guy "Armed Scholar" talking about a recent court case that may be beneficial for how vague laws are interpreted by different agencies of the government. He talks about Chevron deference. I'm posting a link to the video and a brief description of Chevron deference below.
For my own opinion on the matter, I think they definitely like the vague laws to keep people confused, and to give broad discretion for police to arrest people and generally fuck over the public. It cost agents of the government nothing to fuck someone, but that poor soul that gets screwed will go bankrupt trying to prove his innocence.
subscriptlaw.com
For my own opinion on the matter, I think they definitely like the vague laws to keep people confused, and to give broad discretion for police to arrest people and generally fuck over the public. It cost agents of the government nothing to fuck someone, but that poor soul that gets screwed will go bankrupt trying to prove his innocence.
Chevron Deference: A Judicial Doctrine to Give Respect to Agency Authority | Subscript Law
Explaining Chevron Deference and related doctrines of agency deference.
subscriptlaw.com