Comments on: “Bush Exempts Navy From Environmental Law”

By: Ted

Ted — Thu, 17 Jan 2008 20:48:01 +0000

Bill Poser asks an excellent question that I, in a fit of procrastination, have answered in a new post.

By: Bill Poser

Bill Poser — Thu, 17 Jan 2008 19:38:55 +0000

Article 1, Section 8, Clause 14 gives Congress the power “To make Rules for the Government and Regulation of the land and naval Forces”, so I would say that it is clear that Congress has the power to restrict the way in which the armed forces performs tests. “Separation of Powers” does not give the Executive the power to do whatever it pleases. Environmental regulation is arguably justified under the power of Congress to “provide for …the general welfare” and in certain cases, possibly including the whales, the power to “define and punish … offences against the law of nations”.

By: Gino

Gino — Thu, 17 Jan 2008 18:04:31 +0000

I’m guessing that it’s the President’s role as Commander in Chief of the Armed Forces, coupled with general separation of powers doctrine. A better question might be: If it’s a statute we’re talking about here, where in the Constitution does it say that Congress can regulate whales and dolphins? Is it the general welfare clause or the commerce clause?

Oh, don’t mind me. I’m a Ron Paul fan.

By: Bill Poser

Bill Poser — Thu, 17 Jan 2008 15:24:44 +0000

Unless I’ve missed it, none of the news accounts explains the basis for Bush’s authority to do this. Does the statute have an exemption clause, as some do, allowing the President to create exemptions in specific cases on certifying such-and-such? Or is Bush asserting a possibly unconstitutional authority to ignore the law?

By: matt

matt — Thu, 17 Jan 2008 13:42:48 +0000

all im going to say is this whales and dolphins and other sea creatures know more about sonar than humans probably ever will

By: Igor

Igor — Thu, 17 Jan 2008 12:48:24 +0000

Critics can contend about the “harmful effects” on the marine life all they like… where’s the proof?

Igor

By: Anonymous Attorney

Anonymous Attorney — Thu, 17 Jan 2008 11:39:20 +0000

I love them critters, I do. But my favorite is the one I drop off at daycare everyday. Therefore, Navy wins.

By: Richard Nieporent

Richard Nieporent — Thu, 17 Jan 2008 09:13:51 +0000

Critics contend sonar has harmful effects on whales, possibly by damaging their hearing, and other marine mammals worldwide.

Yes but thanks to ADA we are now going to have to provide sign language interpreters to all of those deaf whales.

By: James

James — Thu, 17 Jan 2008 07:41:07 +0000

About freaking time.