Limitations of the law

The other day, I was explaining to Craig why helmet and seatbelt laws rub me the wrong way. In terms of expressions of power, it's pretty minor and as a tool to shape behavior, it seems to work. It is one thing to allow health insurance companies to charge higher rates to those who choose to smoke. With seatbelt/helmet laws we've used the power of the state to enforce a preferred behavior. When asked why the State should care whether I wear a helmet, the response is basically that the State has to clean up the mess if I do something irresponsible. Does that mean that the State will eventually make eating poorly illegal? Think of all the health care costs that come from obesity. Where will it end? Legislating tooth brushing and flossing? That may seem silly, but it is an expression of a principle on the proper use of power.

Using the law to enforce a moral behavior, like wearing a helmet, rather than to prohibit an immoral act, like murder, is where we start to cross the line into the inappropriate use of governmental power.