The Tyranny of Good Intentions

"The Rights of Englishmen are the best defense against tyranny and injustice that humans have been able to muster." Historical roots.

"The Rights of Englishmen are the best defense against tyranny and injustice that humans have been able to muster." Historical roots. The Rights of Englishmen, developed over centuries of English legal tradition, form the bedrock of American civil liberties. These rights include: Presumption of innocence Protection against self-incrimination Right to a fair and speedy trial Prohibition of cruel and unusual punishment Protection against unreasonable searches and seizures Constitutional embodiment. The Founding Fathers incorporated these rights into the U.S. Constitution and Bill of Rights, recognizing their crucial role in safeguarding individual liberty against government overreach. This legal inheritance distinguishes the Anglo-American legal tradition from other systems where law serves as a tool of government power rather than a shield for citizens.

"Today Americans who are not members of the privileged class of law enforcement face, in the words of House Judiciary Committee chairman Henry Hyde (R-Illinois), 'endless possibilities to be caught in the snare of government forfeiture.'" Benthamite influence. Jeremy Bentham's utilitarian philosophy, which prioritizes the "greatest good for the greatest number" over individual rights, has gradually eroded the Rights of Englishmen in American law. This shift has transformed law from a shield protecting citizens to a weapon wielded by the government. Consequences: Expansion of government power at the expense of individual liberty Increased vulnerability of citizens to arbitrary prosecution Diminished accountability of law enforcement and prosecutors The erosion of these legal protections has led to a system where even innocent people can find themselves ensnared in legal troubles, reminiscent of the plight of citizens in authoritarian regimes.

"To this day, no evidence exists that Milken ever committed any crimes or engaged in any conduct that had ever before been considered criminal." Strict liability. The principle that there can be no crime without intent (mens rea) has been significantly weakened in American law. This erosion allows prosecutors to bring charges for actions that were not intended to be criminal or even known to be illegal. Examples: Environmental regulations leading to criminal charges for accidents Financial crimes prosecuted without proof of criminal intent Regulatory violations treated as criminal offenses This shift has made it easier for prosecutors to obtain convictions and has exposed ordinary citizens to the risk of criminal prosecution for unintentional acts or technical violations.

"Superfund has made it economically dangerous to own land, finance its purchase, or insure assets that can be linked in any way to waste sites." Constitutional prohibition. The U.S. Constitution explicitly forbids ex post facto laws, which punish actions that were legal when committed. However, this protection has been eroded, particularly in civil cases.…