The Dems' law and order problems

 Charles Lipson:

Polling data shows Democrats are in deep trouble on the issues of domestic safety and unbiased justice. Voters say they want law and order and aren’t getting it. They want enforcement of criminal statutes duly passed by their representatives. They abhor favoritism for some and targeting for others. They want personal safety and basic fairness. They deserve them. And they are angry.

They resent the wide-open border, street shootings, street-corner gangs dealing drugs, carjackings, and unchecked shoplifting. They are stunned that squatters can simply take over houses from their rightful owners. They are troubled by the aggressive prosecution of Donald Trump, while Joe Biden skips away from his family’s extensive grifting operation and a garage full of classified documents.

Although these issues are usually considered separately, they are also important together. The concerns overlap and reinforce each other, harming Biden and his political party. Democrats are seen as weak on crime and feckless on border security, but relentless in prosecuting their principal election opponent and trying to bankrupt him.

Any consideration of law and order as a political issue should begin with the basic obligation of governments at all levels. In liberal democracies, the state should provide that safety with due respect for each citizen’s constitutional rights, without undue force, and without favoritism or political bias. The goal is to let citizens pursue their own private goals in peace, feeling secure in their lives, property, and home life. In democracies like ours, that order must be secured by enforcing statutes and rulings by courts. When disputes arise, as they often do, they should be settled by neutral third parties, either courts or arbiters, using well-established laws and procedures. When state prosecutors are involved, their responsibility is to act without bias, partisanship, or favoritism. Remember, they are part of the executive branch. They are not legislative monarchs. They don’t get to make laws themselves or disregard those that have been passed.

When does government fail to meet those obligations? It fails when the executive branch:Exceeds its discretionary authority to ignore the enforcement of some laws against some people but vigorously enforces them against others; and Flouts the basic obligation to enforce laws fairly, without partisanship and within constitutional limits.

This failure is particularly noxious when the state targets political enemies or disfavored people, such as African Americans in the segregationist South – or conservative populists and their leaders today.

What Americans feel today is a mounting sense that these violations are piling up and that they harm safety, property, and civil rights of citizens in a democracy.

First, they see an erosion of social order. That’s not a problem caused entirely by government. Local communities are also responsible. Violent crime is concentrated among the poor, particularly in black communities because of a breakdown in family life, the disintegration of social norms, and the lack of decent schooling and job opportunities. They don’t trust the police because of hard experience: decades of brutal mistreatment.

These problems have been amplified because of atrocious public policies that go uncorrected after years of failure. Public schools are dreadful in almost every major U.S. city. They are really employment programs for teachers protected by powerful unions. They don’t prepare students for the modern workforce or instill the knowledge and values needed for citizenship. (That failure is why Republican-controlled states are now moving rapidly to give parents school choice, including the funds to educate their children in private schools.)

Progressive cities and states have been unwilling to enforce laws protecting people and property on the specious grounds that doing so would jail too many minorities and thus undermine “social justice.” But don’t people in impoverished communities have as much right to live in peace and safety as people in middle-class neighborhoods? Shouldn’t they have a chance to shop in local stores, rather than see them closed because of rampant organized shoplifting and strong-armed robberies which go unprosecuted and, hence, undeterred? Shouldn’t they be able to stop at the gas station and fill up their cars without fear of carjacking? Shouldn’t they be able to walk the streets or sit on their front porch, rather than huddle inside, afraid of street-corner drug gangs and random shootings? It’s a perversion of language to call these dysfunctional public policies “progressive.”
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Criminal conduct should not be tolerated on the basis that the perp is a minority or is otherwise a problem.  Minorities have the right to expect law and order in their neighborhoods too. 

See also:

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