From: Charles Hixson (charleshixsn@earthlink.net)
Date: Mon Dec 02 2002 - 22:57:15 MST
Robert J. Bradbury wrote:
>On Mon, 2 Dec 2002, Charles Hixson wrote:
>
>
>
>>Well, that's arguable. It's certainly a better argument than the Feds
>>will bother to use. And better than the justification for most recent
>>legislation.
>>
>>
>
>Well the "most recent" legislation is trying to turn back the clock.
>
>(We need to be specific here, I'm not sure Charles and I are on the same
>topic.)
>
>If we are discussing the rollbacks on plant improvement regulations
>by the Bush administration we are discussing a transfer of pollution
>consequences from western or midwest states to the states to the east
>of them. I think these particularly effect Northeastern states
>where Mike is and I hail from -- so we are rather sensitive to
>these uninvited transfers of environmental consequences. I view
>it as little different from having to clean up my neighbors
>dog or cat poop from my lawn. If its your pet then its your
>responsibility to clean it up! The same is true for your
>environmental ca-ca.
>
>Robert
>
I have a bit of a problem. Procedureally I tend to be a strict
constitutional constructionist, and find all the vaporous justifications
about "to promote interstate commerce" to be unjustified by the clear
text of the constitution. I even have trouble with your pollution
argument.
OTOH, my sympathies are rather green. If I felt that the government
were even reasonably trustworthy, I would try to find justifications for
it in implementing green policies. But I don't, which is the core of
the reason that I am a strict constitutional constructionist. The
reason that you can't trust the king to do what's right, is that history
proves that he will be more interested in increasing his own power. You
can substitute any other centralized authority for king, and you get the
same answer. The only legal protection that we have, frail as it is, is
the constitution. Once that is discarded, then there is no argument
against using whatever force you have available to achieve your ends,
except that this would lead to the kind of society that would make us
even more unhappy.
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