Friday, April 3, 2009

Is CPSIA Unconstitutional?

I'm not a constitutional scholar, but I still think CPSIA is unconstitutional...What could we argue?

How about?
1st amendment -- "Congress shall make no law...abridging...the right of the petition the Government for a redress of grievances."
(Congress is certainly not allowing this under the CPSIA disaster.)
5th amendment -- "No person shall be...deprived without due process of law."
(I think we would all agree that manufacturers, retailers, and resellers have all been deprived of property without due process of law.)
8th amendment -- "Excess bail shall no be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
(Let's see...Up to $100,000 fine, and 5 years in jail -- for selling a used item I didn't know had lead in it...Sounds excessive and cruel and unusual to me!)
10th amendment -- "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
(I think this has to be one of my all time favorite "forgotten amendments". I don't see Article 1, Section 8 giving Congress enough power to pass CPSIA -- surely "to regulate Commerce with foreign Nations, and among the several States..." doesn't go this far?)

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