Maggie's Farm

Somebody asked me this weekend what is meant my the common legal term "in the state's interest."

When you think about it, it does sound like a term from feudal times; an odd turn of phrase for a democratic republic. On the other hand, in socialist or communist countries, they use the term "the peoples' interest" as a euphemism for the same thing.

There is a good brief definition and discussion here, as the term applies in the US.

My problem with this basic legal concept, when I think about it a little with my small brain, is this: What happens when The State becomes a special interest of its own, looming over all other interests? Well, James Madison et al anticipated all of that, didn't they? Very shrewd and wise old dead guys with unfashionable ethnicities.