You're Guilty Of Something
From the WSJ, now lots of agencies have enforcement arms, and boy have they been busy. Louise Radnofsky, Gary Fields and John R. Emshwiller write:
For years, the public face of federal law enforcement has been the Federal Bureau of Investigation. Today, for many people, the knock on the door is increasingly likely to come from a dizzying array of other police forces tucked away inside lesser-known crime-fighting agencies.They could be from the Environmental Protection Agency, the Labor or Education departments, the National Park Service, the Bureau of Land Management or the National Oceanic and Atmospheric Administration, the agency known for its weather forecasts.
Agents from NOAA, in fact, along with the Fish and Wildlife Service, raided the Miami business of Morgan Mok in 2008, seeking evidence she had broken the Endangered Species Act trading in coral.
The agents had assault rifles with them, and the case documents indicated her house and business records had been under surveillance over a six-month period, says Ms. Mok. Under the 1973 law, the departments of Interior and Commerce (home to NOAA) must write regulations to define what is endangered and how it must be protected. One of those regulations specifies coral.
"I felt like I was being busted for drugs, instead of coral," Ms. Mok says. "It was crazy."
Ms. Mok says she showed that her coral had been properly obtained. She paid a $500 fine and served one year of probation for failing to complete paperwork for an otherwise legal transaction.
Think about all the taxpayer dollars this cost us.
And guess what: You're guilty of something. We all are. Because there are too many laws, too many enforcement agencies.
More from the piece:
An August raid on Gibson Guitar Corp. has drawn heavy criticism from both sides of the political aisle. In that raid, Fish and Wildlife Service agents swarmed the Nashville company to seize rosewood and ebony the agency suspected had been illegally imported from India. The company says its wood was obtained legally and that no charges have been filed."Why is it we're treating what is essentially a violation of rules and regulations in a criminal manner?" says Tom Fitton, president of Judicial Watch, a conservative watchdog group.
Have you ever heard of the American Community Survey? It is a very intrusive survey out of the U.S Census Bureau. I don't think I could use the survey to empanel a jury.
I was actually called about this crap because I refused to respond. They are now threatening me with violating Title 13 sections 141 and 193 and 221 of the U.S. Code.
I'm going to tell them to go to hell - repeatedly.
Jim P. at December 17, 2011 6:14 AM
I have always wondered about the precise legal foundation for regulations. Congress can pass a federal law making it a crime to do X. Congress can also pass a law created a federal agency to regulate X - and the agency then creates regulations stating what is and is not allowed.
What exactly are the *legal* enforcement abilities of the agency. I don't mean what abilities they claim - clearly today's agencies are beyond all bounds (even the Dept. of Education now has its own SWAT team). But what is the real basis?
Do regulatory agencies have the right to make something criminal? Or are violations of regulations supposed to be civil violations? What recourse are you supposed to have in case of disagreements?
Does anyone know a good source for material on this?
a_random_guy at December 17, 2011 7:44 AM
From our Constitution:
>> cause the number of the inhabitants within their respective districts to be taken; omitting in such enumeration Indians not taxed, and distinguishing free persons, including those bound to service for a term of years, from all others; distinguishing also the sexes and colours of free persons, and the free males of sixteen years and upwards from those under that age.
Clear, easy, and intended to ensure the proper distibution of representaion of power. Questions such as profession were deemed too intrusive and left out.
Eric at December 17, 2011 8:07 AM
I just got another phone call from the MFers.
I am going to fight this tooth and nail. It takes all my effort to not tell them just "Kiss My Ass!"
Jim P. at December 17, 2011 8:58 AM
It seems like most of the excessive law enforcement is to in support of the Lacey Act, which is supposed to prevent things like ivory trafficking. There don't seem to be adequate due process or probable cause protections in the act. Also, the Lacey Act is generally about enforcing the laws of other countries, but those countries aren't required to fund the enforcement.
Perhaps the Lacey Act needs to be modified or eliminated.
Paul F at December 17, 2011 9:33 AM
Don't even try to defend what they're doing to Gibson. These government thugs have seized legally obtained products and insist that the burden of proof is on Gibson to show they were in fact obtained legally.
Two problems with this:
1. The burden of proof is on the government here. Has been and always will be regardless of what they want you to think.
2. Why is our government in the business of enforcing the laws of another country (India) regarding the wood? You can defend this by simply showing me ONE time the Chinese have helped us enforce US & International copyright and intellectual property laws.
And Jim P., I agree with you. I found the census to be a questionable invasion of privacy.
DrCos at December 17, 2011 11:50 AM
@a_r_g what you're describing is known as delegation, and it had traditionally been restrained by what's known as the nondelegation doctrine - basically that a branch of government can't delegate its responsibilities to another branch or agency and must be accountable for the laws and policies that it establishes. But that doctrine was overthrown in the 1920's when the supreme court allowed Congress to delegate authority so long as there was an 'intelligible principle' to their directives. This is obviously a very broad standard, and is what has allowed the establishment of all sorts of federal agencies with defacto lawmaking and policing powers. At this point, the vast majority of Federal law and policy in the US is made by the permanent government in the form of its various agencies, boards, and other administrative institutions. The whole 'self government' thing is largely window dressing.
germy at December 17, 2011 12:57 PM
"And guess what: You're guilty of something. We all are. Because there are too many laws, too many enforcement agencies."
From "Atlas Shrugged", the quote that keeps on giving:
"There's no way to rule innocent men. The only power any government has is to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kinds of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of lawbreakers - and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."
Not Sure at December 17, 2011 2:56 PM
I confess. I'm guilty of everything.
Ltw at December 17, 2011 3:43 PM
You are all forgetting the number 1 rule of governement budget policy. If you are given the budget for a private police force, and you do not use it, you lose your budget for a private police force. This is policy for virtually every government agency(the police force is optional.) Please feel free to show me the exceptions. And it is why this shit will keep on happening. Follow the money!
matt at December 17, 2011 9:32 PM
Jim P., I say, if the Community Survey idiots really want to know how many toilets I have, they can come over to my house and take a look if they want the info that bad.
mpetrie98 at December 17, 2011 10:47 PM
mpetrie98,
www.census.gov/acs/www/Downloads/questionnaires/2011/Quest11.pdf
They want to know income, education, what you are paying in bills, and so on and so forth.
I don't tell my friends that info, you think I'm going to tell the government?
Jim P. at December 18, 2011 6:50 AM
If I'm guilty of anything it's my heartbreaking handsomeness and willingness to use it.
But I notice I have to write that into the margins of my census form.
Gog_Magog_Carpet_Reclaimers at December 19, 2011 1:22 PM
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