The Editors, The Sun-Sentinel

January 9, 2012

The Editors
The Sun-Sentinel
200 East Las Olas Boylevard
Ft. Lauderdale, FL 33301

RE: It’s the law, damnit! – Some comments on today’s editorial on collecting sales tax that would lead to a return of the Theory of Nullification, said theory being itself nullified on the field of battle from 1861 to 1865.

Sirs,

One of the myriad benefits of not being a lawyer is that you get to read the Constitution not as an escape route for miscreants but rather for the codified plan of free people deciding on how to govern themselves.

It contains a specific list of what our government can do. More importantly, it is offset by a list of the things that government cannot do.

We, as a people, have consented to the Supreme Court deciding thorny issues. One court can undo what another court has done; e.g. Plessey v Ferguson was overturned by Brown v The Board of Education.

Today’s editorial, the one calling on the state government in Tallahassee to collect all sales taxes deemed owed to Florida regardless of where they originated, is directed at the wrong group of citizens.

Gibbons v Ogden was decided by the Supreme Court. The court has neither reversed itself nor has Congress intervened. That means it is the Law of the Land.

It is a case that should be known to every politician and journalist, certainly in South Florida. It involves corrupt politicians willing to be bought by nefarious special interests to the detriment of the common weal. Gosh, but doesn’t that sound familiar!

The court ruled that no state may tax a
transaction that begins in another state.

Tallahassee has no power – none - to change it. The legislative, the executive, and the judicial branches cannot interfere in a Federal matter.

The remedy is simple.

Either petition the Court to reverse itself or select Judges who will.

In the meantime the following adage still applies.

“I know of no method to secure the repeal of bad
or obnoxious laws so effective as their
stringent execution.”
Ulysses S. Grant


Kevin Smith


PS. Speaking of the other side of the ledger, why should the citizens of Broward County indenture themselves in the capital amount of $7,700,000 to benefit a private company?

After paying for the construction of a hockey rink out where the gators and the pythons conspire and then transferring title to the for profit group that owns the Florida Panthers we are now expected to pay for renovations that will make yet more money for the owners. If it were to be revealed that Jon Corzine was the architect would anyone be surprised?

As bad as the deal is what makes it worse is the violation of the Truth in Lending Law. If you were to buy a used car from Sid, the suede shoed salesman on State Road 7, he must tell you to the penny how much the loan will cost you. He must explain the Rule of 78. If he has to do it why should Broward County be exempt? The Chinese do not lend us money for free. Should Broward County borrow $7,700,000 the debt service over 30 years will be more than $23,000,000 dollars. I suppose hockey in South Florida has some merit. Why should the public have to pay for it?