BIDLACK | The old arm-swing/nose-begins scale of justice applies to blue laws, too

If you consume any news these days, be it on TV, radio, internet, or in print, chances are you have seen the important coverage on the ongoing government shutdown. And chances are, you have an opinion on that subject. You likely also know about the tragic bombing in Syria earlier this week in which Americans lost their lives. You also saw stories about Mr. Trump and his shifting story on collusion with the Russians. These are some of the important and divisive issues facing our leaders and each of these issues, and many more, deserve your time and attention.
But what about idling cars in North Dakota?
I’m betting you are not as focused on that issue, but perhaps you should be? A recent Colorado Politics story, that was part of the informative “Out West Roundup” feature, spoke of the efforts of lawmakers in that great state to get a law off the books up there that prohibits – for likely well-intended reasons – the citizens of ND to leave their cars idling, either to warm up initially or to keep warm when the owner is in a shop or such. Local law enforcement officers have indicated that this state law is entirely ignored, as it is, well, chilly this time of year in North Dakota. And leaving cars idling is a long-honored practice to avoid getting frozen when you get into your vehicle. And it gets cold up there. One of my dear friends lives outside Bismarck, and I’m guessing he leaves his car running, though he once told me that he calls North Dakota “Baja Manitoba” to make it sound warmer.
And while literally several billion gallons of gas are “wasted” on idling cars each year, even the Sierra Club (a good group, in my view) is not opposing the effort to get rid of the anti-idle law, again, because, well, cold.
This law may well seem like a small and unimportant thing, but oft times, key battles over fundamental rights come wrapped in what seem like small packages. I recall once, on a visit to the National Archives (which I strongly urge you to visit, but of course you can’t now, because, well, shutdown), I saw the simple hand-written letter that a jailed inmate named Clarence Gideon wrote to the Supreme Court. Mr. Gideon stated simply and in good penmanship that he thinks his trial was unfair, because he didn’t have money for a lawyer, so was not given one. That simple letter led to a massive and important change in how we try people in U.S. courts. You get a lawyer.
It is quite common for key rights to be tested in what seem like small settings. The simple fact is that the role of the Constitution is mostly to keep the government out of our lives as much as is possible. Of course, there are often times when the rights of one individual collide with the rights of another – that’s why we have a Supreme Court. And, of course, the law against idling wasn’t being enforced anyway. Nonetheless, such a law should be stricken rather than ignored. If the job of the government is, at least in large measure, to ensure your rights, the laws should be properly crafted.
Your right to swing your arm ends where my nose begins. That simple statement is, I think, the best way to look at our rights. Colorado has some silly laws too: there is a city in Colorado where it is illegal to grow dandelions on purpose. Car dealers can’t sell cars on Sundays in our fair state (which always seemed odd to me). And in a high mountain town, you are not allowed to fire your catapult toward any city building. You’ve been warned. Don’t make me come over there.
Our lawmakers and ultimately our courts have a challenging task. They must craft and interpret laws based on the old arm-swing/nose-begins scale of justice. Silly laws may be just that, silly, but they may also encompass an important and vital question of rights. Back in 1963, a clerk at the Supreme Court reached past, no doubt, hundreds of neatly typed and well-reasoned legal briefs to find Mr. Gideon’s crude letter and bring his issue into the bright light of day. I don’t see any such major right at risk in the North Dakota idling law, but we should always be careful to look at our laws, big and small, and consider where my arm ends, and your nose begins. It might be important later.
Hal Bidlack is a retired professor of political science and a retired Air Force lieutenant colonel who taught more than 17 years at the U.S. Air Force Academy in Colorado Springs.

