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	<title>Comments on: Trampling the Constitutional Role of Regulation</title>
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	<description>Concordia res Parvae Crescunt</description>
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		<title>By: Informed Lawyer</title>
		<link>http://tenthamendmentcenter.com/2009/05/09/trampling-the-constitutional-role-of-regulation/comment-page-1/#comment-255592</link>
		<dc:creator>Informed Lawyer</dc:creator>
		<pubDate>Wed, 13 May 2009 18:31:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=1635#comment-255592</guid>
		<description><![CDATA[It is not only the federal government that intrudes into legal and regulatory spheres of the State. There are numerous examples of where the States intrude into the federal sphere of legislation and regulation...


ITSSD: &#039;Putting Country First&#039; Means Defending America&#039;s Sovereignty,
Constitution and Free Enterprise System Against Foreign Incursion

Law Review Article Reveals Mostly Blue Party Efforts to Help Foreigners
&#039;Change&#039; America&#039;s Regulatory Landscape at State and Local Levels

PRINCETON, N.J., Sept. 8 /PRNewswire-USNewswire/ -- In a new Temple Political &amp; Civil Rights Law Review article entitled, The Extra-WTO Precautionary Principle: One European &#039;Fashion&#039; Export the United States Can Do Without, international trade and regulatory lawyer Lawrence Kogan documents how America&#039;s Blue Party is quietly assisting our transatlantic cousins to reform the common law foundations of America&#039;s unique constitutional and free enterprise systems in Europe&#039;s continental civil law image.

&quot;The unfortunate reality is that green-socialist Europe is increasingly
governing the American way of life, that is, re-colonizing America through
&#039;soft (law) power&#039;, unless our political leaders &#039;put country first&#039; and act aggressively to reverse this trend&quot;, emphasizes Kogan. &quot;Protectionist Europe has long sought to undermine U.S. product design, process and manufacturing methods by imposing on American global supply-chains and small businesses its costly, non-science-based and WTO-inconsistent environmental requirements which are also promoted globally by the politically unaccountable institutions of the United Nations.&quot; 

According to Kogan, &quot;European governments and like-minded U.S. politicians
have strongly criticized America for refusing to ratify European-crafted UN
environmental treaties, and now call for fundamental domestic &#039;change&#039; to
rehabilitate America&#039;s image abroad.&quot; To facilitate this transformation,
&quot;Mostly Blue Party legislators and executives have opened up the doors of U.S. statehouses and regulatory agencies to Europe&#039;s collectivist, communitarian model of rulemaking, thereby placing America&#039;s individual rights-based federalist system and Americans&#039; constitutionally guaranteed exclusive private property rights at considerable risk.&quot; &quot;Furthermore&quot;, notes Kogan, &quot;This sovereign incursion threatens to tilt the ongoing global competition between Anglo-American (negative-rights-based) and Continental (social-redistributionist) capitalism&quot; in Europe&#039;s favor. 

This raises many questions to which the American electorate deserves clear and unambiguous answers. For example, &quot;Will our current and future leaders defend, at the federal, state and local levels, America&#039;s founding principles which have enabled the U.S. throughout its history to remain a nation without peers? Or, will they simply decide, on political correctness grounds, to broad-brush these traditions away for the sake of &#039;global solidarity&#039;?&quot;
 
The Institute for Trade, Standards and Sustainable Development (ITSSD) is a
non-partisan non-profit international legal research and educational
organization that examines international law relating to trade, industry and positive sustainable development around the world. This ITSSD study is
accessible online at:  http://www.itssd.org/Kogan%2017[1].2.pdf  .

CONTACT:  ITSSD, +1-609-951-2222, info@itssd.org]]></description>
		<content:encoded><![CDATA[<p>It is not only the federal government that intrudes into legal and regulatory spheres of the State. There are numerous examples of where the States intrude into the federal sphere of legislation and regulation&#8230;</p>
<p>ITSSD: &#8216;Putting Country First&#8217; Means Defending America&#8217;s Sovereignty,<br />
Constitution and Free Enterprise System Against Foreign Incursion</p>
<p>Law Review Article Reveals Mostly Blue Party Efforts to Help Foreigners<br />
&#8216;Change&#8217; America&#8217;s Regulatory Landscape at State and Local Levels</p>
<p>PRINCETON, N.J., Sept. 8 /PRNewswire-USNewswire/ &#8212; In a new Temple Political &amp; Civil Rights Law Review article entitled, The Extra-WTO Precautionary Principle: One European &#8216;Fashion&#8217; Export the United States Can Do Without, international trade and regulatory lawyer Lawrence Kogan documents how America&#8217;s Blue Party is quietly assisting our transatlantic cousins to reform the common law foundations of America&#8217;s unique constitutional and free enterprise systems in Europe&#8217;s continental civil law image.</p>
<p>&#8220;The unfortunate reality is that green-socialist Europe is increasingly<br />
governing the American way of life, that is, re-colonizing America through<br />
&#8216;soft (law) power&#8217;, unless our political leaders &#8216;put country first&#8217; and act aggressively to reverse this trend&#8221;, emphasizes Kogan. &#8220;Protectionist Europe has long sought to undermine U.S. product design, process and manufacturing methods by imposing on American global supply-chains and small businesses its costly, non-science-based and WTO-inconsistent environmental requirements which are also promoted globally by the politically unaccountable institutions of the United Nations.&#8221; </p>
<p>According to Kogan, &#8220;European governments and like-minded U.S. politicians<br />
have strongly criticized America for refusing to ratify European-crafted UN<br />
environmental treaties, and now call for fundamental domestic &#8216;change&#8217; to<br />
rehabilitate America&#8217;s image abroad.&#8221; To facilitate this transformation,<br />
&#8220;Mostly Blue Party legislators and executives have opened up the doors of U.S. statehouses and regulatory agencies to Europe&#8217;s collectivist, communitarian model of rulemaking, thereby placing America&#8217;s individual rights-based federalist system and Americans&#8217; constitutionally guaranteed exclusive private property rights at considerable risk.&#8221; &#8220;Furthermore&#8221;, notes Kogan, &#8220;This sovereign incursion threatens to tilt the ongoing global competition between Anglo-American (negative-rights-based) and Continental (social-redistributionist) capitalism&#8221; in Europe&#8217;s favor. </p>
<p>This raises many questions to which the American electorate deserves clear and unambiguous answers. For example, &#8220;Will our current and future leaders defend, at the federal, state and local levels, America&#8217;s founding principles which have enabled the U.S. throughout its history to remain a nation without peers? Or, will they simply decide, on political correctness grounds, to broad-brush these traditions away for the sake of &#8216;global solidarity&#8217;?&#8221;</p>
<p>The Institute for Trade, Standards and Sustainable Development (ITSSD) is a<br />
non-partisan non-profit international legal research and educational<br />
organization that examines international law relating to trade, industry and positive sustainable development around the world. This ITSSD study is<br />
accessible online at:  <a href="http://www.itssd.org/Kogan%20171.2.pdf" rel="nofollow">http://www.itssd.org/Kogan%20171.2.pdf</a>  .</p>
<p>CONTACT:  ITSSD, +1-609-951-2222, <a href="mailto:info@itssd.org">info@itssd.org</a></p>
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		<title>By: Michael Boldin</title>
		<link>http://tenthamendmentcenter.com/2009/05/09/trampling-the-constitutional-role-of-regulation/comment-page-1/#comment-255523</link>
		<dc:creator>Michael Boldin</dc:creator>
		<pubDate>Mon, 11 May 2009 20:17:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=1635#comment-255523</guid>
		<description><![CDATA[Good point, David.  And more notable, is the fact that the intention and understanding of the commerce clause at the time of ratification wasn&#039;t an excuse for the federal government to tell business how to operate.  It was meant as a way to prevent states from interfering with trade through restrictive tariffs and the like.

Some great reading on this subject from Prof. Rob Natelson:

&lt;a href=&quot;http://www.umt.edu/law/faculty/natelson/articles/Commerce%20Clause.pdf&quot; rel=&quot;nofollow&quot;&gt;http://www.umt.edu/law/faculty/natelson/articles/Commerce%20Clause.pdf&lt;/a&gt;]]></description>
		<content:encoded><![CDATA[<p>Good point, David.  And more notable, is the fact that the intention and understanding of the commerce clause at the time of ratification wasn&#8217;t an excuse for the federal government to tell business how to operate.  It was meant as a way to prevent states from interfering with trade through restrictive tariffs and the like.</p>
<p>Some great reading on this subject from Prof. Rob Natelson:</p>
<p><a href="http://www.umt.edu/law/faculty/natelson/articles/Commerce%20Clause.pdf" rel="nofollow">http://www.umt.edu/law/faculty/natelson/articles/Commerce%20Clause.pdf</a></p>
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		<title>By: Ray</title>
		<link>http://tenthamendmentcenter.com/2009/05/09/trampling-the-constitutional-role-of-regulation/comment-page-1/#comment-255513</link>
		<dc:creator>Ray</dc:creator>
		<pubDate>Mon, 11 May 2009 14:23:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=1635#comment-255513</guid>
		<description><![CDATA[I don&#039;t understand the fine line. If most all credit card borrower/lender relationships are interstate, then it logically follows that the vast majority of interest paid to lenders is interstate commerce as well. 

And they are. Mostly. Don&#039;t be fooled by the fact that you&#039;re sending a payment in to a local address. Practically every significant bank in the country is incorporated in the state of Delaware (or owned by another bank that is). Some portion of that interest payment is almost certainly being transferred to Delaware in the form of state taxes.

Very few people live in Delaware compared to the rest of the country. Even those who do pay the vast majority of their interest payments to banks that have their headquarters in other states. 

Additionally, the advertisements of those interest rates, in almost all cases, will eventually cross state lines. Finally, in very nearly every single case, the actual payment you send in for that interest will cross state lines by being routed through an interstate payment clearing system.

Are there are few examples of completely intrastate credit card transactions somewhere in the country? Of course. Should, in theory, the federal government exempt those particular transactions&#039; interest from federal regulation. Sure, I&#039;ll go along with that.

Again, though, it won&#039;t make any practical difference.]]></description>
		<content:encoded><![CDATA[<p>I don&#8217;t understand the fine line. If most all credit card borrower/lender relationships are interstate, then it logically follows that the vast majority of interest paid to lenders is interstate commerce as well. </p>
<p>And they are. Mostly. Don&#8217;t be fooled by the fact that you&#8217;re sending a payment in to a local address. Practically every significant bank in the country is incorporated in the state of Delaware (or owned by another bank that is). Some portion of that interest payment is almost certainly being transferred to Delaware in the form of state taxes.</p>
<p>Very few people live in Delaware compared to the rest of the country. Even those who do pay the vast majority of their interest payments to banks that have their headquarters in other states. </p>
<p>Additionally, the advertisements of those interest rates, in almost all cases, will eventually cross state lines. Finally, in very nearly every single case, the actual payment you send in for that interest will cross state lines by being routed through an interstate payment clearing system.</p>
<p>Are there are few examples of completely intrastate credit card transactions somewhere in the country? Of course. Should, in theory, the federal government exempt those particular transactions&#8217; interest from federal regulation. Sure, I&#8217;ll go along with that.</p>
<p>Again, though, it won&#8217;t make any practical difference.</p>
]]></content:encoded>
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		<title>By: David Kretzmann</title>
		<link>http://tenthamendmentcenter.com/2009/05/09/trampling-the-constitutional-role-of-regulation/comment-page-1/#comment-255512</link>
		<dc:creator>David Kretzmann</dc:creator>
		<pubDate>Mon, 11 May 2009 14:07:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=1635#comment-255512</guid>
		<description><![CDATA[Yes, credit card transactions may fall into the interstate category, but not credit card interest rates. There is a fine line, and so far as I can see and interpret, it must be states who regulate interest rate restrictions and increases.]]></description>
		<content:encoded><![CDATA[<p>Yes, credit card transactions may fall into the interstate category, but not credit card interest rates. There is a fine line, and so far as I can see and interpret, it must be states who regulate interest rate restrictions and increases.</p>
]]></content:encoded>
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	<item>
		<title>By: Informed Lawyer</title>
		<link>http://tenthamendmentcenter.com/2009/05/09/trampling-the-constitutional-role-of-regulation/comment-page-1/#comment-255487</link>
		<dc:creator>Informed Lawyer</dc:creator>
		<pubDate>Sun, 10 May 2009 12:49:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=1635#comment-255487</guid>
		<description><![CDATA[You need to think much, much &#039;bigger&#039; when considering how government and big companies can work together to &#039;trample&#039; your constitutional rights.


See: ITSSD: Americans&#039; Constitutional Rights Will Be Trampled Unless Congress Convenes Public Hearings on the UN Law of the Sea Convention

PRINCETON, N.J., May 5 /PRNewswire-USNewswire/ -- In a new article appearing within the forthcoming issue of the Santa Clara Journal of International Law entitled, What Goes Around, Comes Around: How UNCLOS Ratification Will Herald Europe&#039;s Precautionary Principle as US Law, international attorney Lawrence Kogan calls upon all Americans to immediately exercise their constitutionally guaranteed &#039;right to know&#039;. This article identifies the multiple pathways through which global environmental extremists, US trans-nationalists, and the 111th Congressional supermajority seek to use the highly complex United Nations Convention on the Law of the Sea (UNCLOS) as a loading platform from which to import into the American heartland very harmful UN and European-anchored environmental treaty and customary international law rules. &quot;Unless the public demands due process of law from their congressional representatives,&quot; emphasized Kogan, &quot;such rules, resembling rogue waves, will collectively override US sovereignty and the supremacy of the US Constitution and its accompanying Bill of Rights&quot;.

According to Kogan, &quot;The US Navy continues to publicly deny the likely adverse consequences of the more than 45 plus environmental UNCLOS articles, regulations, protocols and annexes that implicitly and explicitly incorporate Europe&#039;s Precautionary Principle. This principle is known not only to raise indirect taxes and to threaten American free enterprise by chilling investments in technological innovations, reducing economic activity and increasing product manufacturing, processing and distribution costs and service fees, but to also severely impact military planning. Indeed, since, at least the late 1990&#039;s, foreign governments and environmental activist groups have invoked this controversial European legal nostrum to block US commercial activity, to curtail the Navy&#039;s ability to train offshore with sonar equipment, and to impair the timely US naval exercise of customary international law rights to freedom of navigation and innocent passage, both on the high seas and in territorial waters and at the north and south poles.&quot;

&quot;Meanwhile,&quot; notes Kogan, &quot;there are &#039;environmentally-enlightened&#039; congressional committee chairs and ranking members who appear to be enamored with the legislative and associated regulatory powers derived from Europe&#039;s political civil law Precautionary Principle, especially those who hail from the coastal States of Alaska, California, Maine, Massachusetts, New Jersey and New York. They are busily preparing amendments to a host of US federal environmental, chemical and energy statutes that would expressly incorporate said principle as US law from within our own borders and thereby obviate the need for special US legislation to implement the UNCLOS&#039; land and air-based pollution provisions. For example, these amended statutes, the new carbon cap-and-trade regime currently under development and the proposal for a new federal oceans policy are designed to achieve regulatory harmonization with socialist Europe. Their effect is to attenuate and subjugate US constitutionally guaranteed individual rights, including private property, to global communal interests. In addition to raising the cost of living for all Americans, they would also create disguised environmental trade barriers that are likely to injure and trigger retaliation from US trading partners, all at a time when the US is suffering from a deep financial crisis.&quot;

It has been observed that the Obama administration is paying lip service to ensuring Americans greater public transparency and a higher standard of governmental ethics than had its predecessors, even as it devises how to exploit the opaque federal administrative regulatory process to enshrine Europe&#039;s Precautionary Principle as US law. Perhaps, this explains why it has yet to &#039;walk the talk&#039; to move those congressional committees possessing oversight jurisdiction concerning the UNCLOS&#039; environmental, economic and tribunal components to hold open public hearings, prior to ratification, that substantively discuss their impact on the US economy, US national security, US constitutional rights and US sovereignty. If, however, &#039;change&#039; is in the air as this administration insists, then nothing less than full disclosure will make it authentic.

The Institute for Trade, Standards and Sustainable Development (ITSSD) is a non-partisan non-profit international legal research and educational organization that examines international law relating to trade, industry and positive sustainable development around the world. An annotated version of this press release is accessible at: http://itssd.org/news.html. The full law review article is accessible at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1356837.

    Phone:    609-658-7417
    Fax:      609-897-9598
    Email:    info@itssd.org
    Website:  www.itssd.org

SOURCE Institute for Trade, Standards, and Sustainable Development]]></description>
		<content:encoded><![CDATA[<p>You need to think much, much &#8216;bigger&#8217; when considering how government and big companies can work together to &#8216;trample&#8217; your constitutional rights.</p>
<p>See: ITSSD: Americans&#8217; Constitutional Rights Will Be Trampled Unless Congress Convenes Public Hearings on the UN Law of the Sea Convention</p>
<p>PRINCETON, N.J., May 5 /PRNewswire-USNewswire/ &#8212; In a new article appearing within the forthcoming issue of the Santa Clara Journal of International Law entitled, What Goes Around, Comes Around: How UNCLOS Ratification Will Herald Europe&#8217;s Precautionary Principle as US Law, international attorney Lawrence Kogan calls upon all Americans to immediately exercise their constitutionally guaranteed &#8216;right to know&#8217;. This article identifies the multiple pathways through which global environmental extremists, US trans-nationalists, and the 111th Congressional supermajority seek to use the highly complex United Nations Convention on the Law of the Sea (UNCLOS) as a loading platform from which to import into the American heartland very harmful UN and European-anchored environmental treaty and customary international law rules. &#8220;Unless the public demands due process of law from their congressional representatives,&#8221; emphasized Kogan, &#8220;such rules, resembling rogue waves, will collectively override US sovereignty and the supremacy of the US Constitution and its accompanying Bill of Rights&#8221;.</p>
<p>According to Kogan, &#8220;The US Navy continues to publicly deny the likely adverse consequences of the more than 45 plus environmental UNCLOS articles, regulations, protocols and annexes that implicitly and explicitly incorporate Europe&#8217;s Precautionary Principle. This principle is known not only to raise indirect taxes and to threaten American free enterprise by chilling investments in technological innovations, reducing economic activity and increasing product manufacturing, processing and distribution costs and service fees, but to also severely impact military planning. Indeed, since, at least the late 1990&#8242;s, foreign governments and environmental activist groups have invoked this controversial European legal nostrum to block US commercial activity, to curtail the Navy&#8217;s ability to train offshore with sonar equipment, and to impair the timely US naval exercise of customary international law rights to freedom of navigation and innocent passage, both on the high seas and in territorial waters and at the north and south poles.&#8221;</p>
<p>&#8220;Meanwhile,&#8221; notes Kogan, &#8220;there are &#8216;environmentally-enlightened&#8217; congressional committee chairs and ranking members who appear to be enamored with the legislative and associated regulatory powers derived from Europe&#8217;s political civil law Precautionary Principle, especially those who hail from the coastal States of Alaska, California, Maine, Massachusetts, New Jersey and New York. They are busily preparing amendments to a host of US federal environmental, chemical and energy statutes that would expressly incorporate said principle as US law from within our own borders and thereby obviate the need for special US legislation to implement the UNCLOS&#8217; land and air-based pollution provisions. For example, these amended statutes, the new carbon cap-and-trade regime currently under development and the proposal for a new federal oceans policy are designed to achieve regulatory harmonization with socialist Europe. Their effect is to attenuate and subjugate US constitutionally guaranteed individual rights, including private property, to global communal interests. In addition to raising the cost of living for all Americans, they would also create disguised environmental trade barriers that are likely to injure and trigger retaliation from US trading partners, all at a time when the US is suffering from a deep financial crisis.&#8221;</p>
<p>It has been observed that the Obama administration is paying lip service to ensuring Americans greater public transparency and a higher standard of governmental ethics than had its predecessors, even as it devises how to exploit the opaque federal administrative regulatory process to enshrine Europe&#8217;s Precautionary Principle as US law. Perhaps, this explains why it has yet to &#8216;walk the talk&#8217; to move those congressional committees possessing oversight jurisdiction concerning the UNCLOS&#8217; environmental, economic and tribunal components to hold open public hearings, prior to ratification, that substantively discuss their impact on the US economy, US national security, US constitutional rights and US sovereignty. If, however, &#8216;change&#8217; is in the air as this administration insists, then nothing less than full disclosure will make it authentic.</p>
<p>The Institute for Trade, Standards and Sustainable Development (ITSSD) is a non-partisan non-profit international legal research and educational organization that examines international law relating to trade, industry and positive sustainable development around the world. An annotated version of this press release is accessible at: <a href="http://itssd.org/news.html" rel="nofollow">http://itssd.org/news.html</a>. The full law review article is accessible at: <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1356837" rel="nofollow">http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1356837</a>.</p>
<p>    Phone:    609-658-7417<br />
    Fax:      609-897-9598<br />
    Email:    <a href="mailto:info@itssd.org">info@itssd.org</a><br />
    Website:  <a href="http://www.itssd.org" rel="nofollow">http://www.itssd.org</a></p>
<p>SOURCE Institute for Trade, Standards, and Sustainable Development</p>
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		<title>By: Ray</title>
		<link>http://tenthamendmentcenter.com/2009/05/09/trampling-the-constitutional-role-of-regulation/comment-page-1/#comment-255479</link>
		<dc:creator>Ray</dc:creator>
		<pubDate>Sun, 10 May 2009 05:18:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=1635#comment-255479</guid>
		<description><![CDATA[Huh? The *vast* majority of credit card transactions and lender/borrower relationships are interstate, not intrastate. 

While I agree that the federal government should stay out of intrastate matters, that won&#039;t help this problem by more than a tiny, tiny amount.]]></description>
		<content:encoded><![CDATA[<p>Huh? The *vast* majority of credit card transactions and lender/borrower relationships are interstate, not intrastate. </p>
<p>While I agree that the federal government should stay out of intrastate matters, that won&#8217;t help this problem by more than a tiny, tiny amount.</p>
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