law and its application

[Jim Taylor]

All:

The LAW as she is writ by Congress usually just states some high-flown,
motherhood and apple pie purpose with which no caring person could disagree.
The last line, however, usually reads something like, "The administration of
this Act shall be the responsibility of The Secretary of ____  , who shall
make whatever Regulations and Determinations he deems necessary to the
carrying out of its purpose." The mischief (and the awesome stupidity) is in
the latter. The Act of a few pages passed by Congress is thus transformed
into several volumes of fogbound Regulations and Determinations having
little bearing on the original purpose but enthusiastically enforced by a
newly-created Bureau looking to justify its existence.

Ole New Gingrich had one bright idea. Once a week, pick the most absurd law
on the books and repeal it.

Jim Taylor
----- Original Message -----
From: "Ron Gatrelle" <gatrelle at tils-ttr.org>
To: "Leps-l" <Leps-l at lists.yale.edu>
Sent: Friday, February 09, 2001 1:56 PM
Subject: law and its application


> 1) We have a new Attorney General in the US who told congress he would go
> by the (law) book. How will he (and the new Interior Sec.) view ESA.
>
> 2) There is a difference between law and regulations. Law is written.
> Regulations are written. Then there is implementation. Law, regulations,
> and implementation don't always harmonize.
>
> 3) I have had some questions for some time relative to invertebrates and
> the ESA ever since a conversation years ago with an agent who had
questions
> about this himself. I am not talking about CFR regulations. I am talking
> only about ESA. Now I know some will just tell me that I can dig all this
> out myself or that I should already know the answer to my question. Two
> thing. There is no on-line conversation that way, and it may not be that
> simple.
>
> 4) Situation. South Carolina has a seat belt LAW. This past fall there was
> a huge campaign here in SC called "click-it or ticket". There were
> continual adds on the radio & TV about this campaign. It was sponsored by
> law enforcement etc. Cost many thousands of dollars. Traffic check points
> were set up to stop people just to see if they were wearing seat belts.
> Lots of people we ticketed. Same people were found guilty and fined in
> court.
>
> Law was involved - police on all levels were involved - people were
> involved - lawyers for people were involved - judges were involved -
courts
> were involved, and all were on the same page.  Open and shut case. One
> problem.
>
> The SC Attorney General stepped in and pointed out to the police, lawyers,
> courts and judges that the LAW covering seatbelts in SC states that a
> ticket for not clicking-it can ONLY be issued as a secondary violation
> following, and in conjunction with, a moving violation. The attorney
> general not only stopped the campaign but made the courts give all the
> money back to the people the police had stopped, courts tried, and fined.
I
> would not be surprised if someone also sued the courts for unlawful
> something or other...
>
> 5) So what does the  ESA _law_ actually say about invertebrates - what do
> we think it says. Where campaigns or regulations or local authority go
> beyond or outside of the law they get struck down.
>
> 6) I am for buckling seat belts. I am also for providing protection for
> endangered invertebrates. I also know we have a new Attorney General who
> has assured us he will _strictly_ uphold the law  (the way he sees it I'm
> sure).
>
> Ron
>
>
>
>
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