Struggles of the rule of law
It’s been uncomfortable watching the rule of law struggle; it hasn’t always been that way.
Years ago, a man appeared before our municipal judge and entered a plea of guilty to the charge of being a disorderly person. After accepting the plea, the judge imposed his sentence:
“The court orders you pay a $10 fine plus $2 court costs or spend 10 days in jail.”
To which the man replied, “I have that sum right here in me ass pocket, Judge.”
Using that proffered rear-pocket retrieval, the man satisfied his debt to society.
And that was the end of that.
These court appearances were similar to a confessional. The wrongdoer admitted his transgression, a designated authority figure imposed a penance, and the transgressor complied with the penance ordered.
It was a cleansing, followed by an opportunity for a fresh beginning.
Philip Glennie was a circuit judge in these parts. He was a gentleman from modest means and hard work who served this community well for many years with wisdom, grace, and compassion.
The old judge told me a friend had once asked if he was not concerned that the men he sent to prison might return seeking vengeance.
He wasn’t.
“Most of those I order incarcerated know they deserve it; it’s nothing personal. So long as my sentences are fair and imposed with respect for the frailty of the human condition, I have nothing to fear.”
He went on to say, “It’s when you take their kids away that you can have problems.”
At that time, I was working as a judge who, on occasion, had to take children away from their parents. But, even then, the redemptive aspects of the confessional process were often evident.
Here’s an interesting but disturbing fact: The IRS has estimated that, in 2019, Americans concealed from taxation more than half of all income not subject to third-party verification, such as a W-2 or 1099 form.
One half!
In contrast, taxes are paid on over 95% of verified income.
Why this difference?
Could it be because getting away with not paying your taxes is considered the smart thing to do? A former president is on record declaring paying very little in taxes “makes me smart.”
People want to appear as smart as they can and will do whatever it takes to create that impression — without regard for the objective reality of that proposition.
Why not increase the IRS’s collection efforts and make tax payments more equitable? Because Congress won’t allow it. In recent years, it has funded IRS operations at enfeeblement levels.
As I write this, several proposals to increase tax revenue are before Congress. One would require banks to report previously unreported financial activity to the IRS, providing it a powerful tool to combat tax evasion and potentially raise hundreds of billions of dollars.
But this proposal will likely fail. Opponents say it would allow IRS “snooping.” Having your income divulged in a W-2 or 1099, apparently, is not.
Life can be complicated.
But this part is simple: Preventing “snooping” in this context is like passing out rewards to disorderly persons, never requiring them to reach into their back pockets.
Recently, a mob attacked the Capitol. Some say it wasn’t a mob; instead, a group of unruly tourists. But isn’t it unusual for tourists to engender so much perverse enthusiasm?
Most people go on holiday to relax.
Understandably, Congress wanted clarification, but, when they asked Steve Bannon, he refused to provide it.
So they issued a subpoena, compelling him to appear and answer: Was it a mob or was it tourists, and what was his involvement?
Still, Steve wouldn’t answer.
Such failure to respond to lawful process rendered him a disorderly person, and Congress so found, voting to hold him in contempt.
But our congressman, Jack Bergman, voted against this disorderly person being held accountable.
In a gambit not unlike the IRS enfeeblement play protecting tax-avoiding smart people, Bergman would debilitate our government’s ability to have disorderly persons perform a penance.
Unlike us, the W-2 and 1099 folks who, when disorderly, must reach into our back pockets — or go to jail.
Doug Pugh’s “Vignettes” runs weekly on Saturdays. He can be reached at pughda@gmail.com.



