English and The Law

-

Law is written down, in a book. It's not what we think is right or wrong.

Parents of a child shot in cold blood, in front of a crowd do not understand when the accused is found not guilty. We grew up on American movies but we still don’t understand what a ‘technicality’ is or, evidence that is inadmissible.

It’s the language I think. Example. A man a stole a goat and hid it under his jacket. It cried, gasping for air. Someone identified the mark on the goat and alerted the owner. The man was charged with theft. His lawyer found a loophole and he was found not guilty. Let’s slow down for a second. A goat thief doesn’t have money to hire a lawyer. Such cases are handled by a chief or a village council. You are right, but this is a hypothetical case.

Did the man steal the goat? It depends on what is written in a book somewhere. The definition of theft can be in a city’s by-law, state law or U.S. Constitution. Take the 6 January 2021 insurrection for example. Donald Trump, the former U.S. President has two cases coming up in 2024 where he is accused of instigating it. He is also running for president in 2024.

Political parties in American states submit names of people who want to be on the ballot for consideration, as the presidential nominee. Some concerned citizens don’t want to see him inside Air Force 1, the presidential plane ever again. They went to court to stop him. They failed, and it’s because of the interpretation of the insurrection clause in the U.S. Constitution.

It says, ‘whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof,’ cannot hold any office in the U.S. On 17 November, Sarah B. Wallace, a Colorado judge made a ruling that this clause does not include presidents, so Trump is free to be on the ballot.

Interpretation

Way back in 1807, it never occurred to framers of the Constitution that a whole president, would be involved in something like 6 January 2021, but they covered all bases and wrote whoever. It is a small English word, but loaded to include all humanity. Whoever, is you and I, and former presidents like Donald Trump. Because we are not lawyers, we think it is straight forward. Judge Sarah B. Wallace and other legal minds have a different interpretation of the English language.

Nonqaba waka Msimang

Executive Blogger

Comments

Post a Comment

Popular posts from this blog

Elections And Political Bullies

-
Image
Forget democracy.   It should be called political bullying. We are watching it in the prelude to the Canadian election on the 19 th of October, 2015.   Americans have also started their political bullying for the looming presidential election next year. So many trees wasted on books about democracy.   Some countries have big budgets for invading other countries ‘ to defend democracy’ but it is seldom practised in campaigning for elections.   Calling opponents names and printing flyers attacking each other is behaviour that will not be tolerated in kindergarten, but it is all legal, in campaigning.   It is irritating and such a let-down to the whole notion of democracy.   Grown-up men and women behaving like Grade One kids. It is also misleading because many voters believe it is real hatred.   Don’t let that fool you.   These politicians play golf together, attend the same dinner parties, eat and drink at the same social events, share jokes and cut deals in parliament.   They
Read more

Comfort Food As Regret Food

-
Image
Chicken curry. Comfort food is good for the soul, which usually bleeds in winter from icy roads, bad drivers that want to annihilate pedestrians, frozen fingers and toes that take a sabbatical.   What happened to my toes?   I thought I was wearing special socks for boots? We therefore have a right to comfort food which throws doctors’ orders out of the window and has no loyalty to calories.   No calculator on the table, thanks very much.   Piece of bread 5 calories, half a banana 10 calories, sugar-free cheesecake 2,000 calories.   Ah! Ah!  We only live once. Naw!   Comfort food is old school food with its compulsory second helping.   It involves licking fingers and giving a big sigh, about the good life, which is shelter, food, love and debt.   The problem is the zip.   The jeans remind you that comfort food can also be called you will regret food .   Home sweet home is even sweeter in winter after surviving blowing snow and bumper to bumper traffic. What is more welcoming th
Read more

Einstein Passengers

-
Image
Being a passenger is very stressful.   You must listen to the owner of the car, nod and grumble yes to everything he says because you don’t want to piss him off. Two things can happen if you disagree with the driver: he can lose concentration and you all end up in a mash-up accident or stop the car and ask you to get out.   That is the driver’s prerogative.   You must listen to me if you are a passenger in my car.   Let’s flip the script for a minute and sympathise with the driver if she has a passenger who is more intelligent than Albert Einstein. He talks non-stop.   It is all about himself, how right he is, how good he is, how stupid his boss is. Einstein is also a driving instructor.   “Careful.   Look at that guy.   Is he crazy or something? ” says Einstein. Einstein is the unofficial pilot.   He presses imaginary brakes in the passenger seat when the driver stops abruptly for a guy who is texting on his bicycle. A certain Einstein took it to another level.   S
Read more