Asbestos Ban Amendment Bill

[MasterJedi]

Asbestos Ban Amendment Bill

Whereas,
   1. The Asbestos Ban Act bans the mining, sale and use in construction of asbestos within Atlasia.
   2. The Senate recognizes that these restrictions do not appear to have been grounded in any enumerated power granted to the Senate by the Second Constitution

Therefore,
   1. The Asbestos Ban Act is repealed.
   2. The Secretary of State and Secretary of the Treasury shall have necessary power to regulate the importation and exportation of asbestos into and out of Atlasia as they shall feel necessary to protect the public health and the environment.
   3. The Secretary of the Treasury shall have necessary power to regulate the transportation of asbestos throughout Atlasia through the issuing of licenses and other regulations that he feels necessary to protect the public health and the environment.
___________________________________________________________

Sponsor: Sen. Peter Bell

[Peter]

I'd like to read the following exchange into the record:

While I think banning asbestos is overkill, Section 1 of the Act falls under clause 3 of the Enumerated Powers section of the Constitution; Section 3 falls under clause 10,; Section 4 and 5 falls under clause 9; and Section 6 is a statement of what the Act doesn't do.  The only potentially dicey section is Section 2, but if you can't sell, transport, or make something from the Asbestos once you've mined it, I think a reasonable intrepetation that it falls under clause 30 as a means to enforce the other Constitutional provisions can be made.  In short, while the Asbestos Ban Act has its faults, I don't think Constitutionality is among them.

Whilst I agree that Sections 1 and 3 of the act are justified by enumerated powers you cite, I have been long of the opinion that Sections 2, 4 and 5 are not, hence my explicit singling out of those in my preamblatory clauses.

Article I, Section 5, Clause 9 of our Second Constitution reads thus:
To fix standards of weights and measures and of such items of commerce as it deems needful throughout the Republic of Atlasia.
It is this you cite as justification for at least 4 & 5 of the Act.

To "fix standards ... of such items of commerce as it deems needful" does not convey to me a general commerce power - it articulates a specific commerce power that regulates actual standards, e.g. health and safety standards, water quality standards, etc. It does not cognize the authority to outright ban particular items of commerce, but to regulate particulars of those items.

But if an item of commerce is such that it cannot be reasonably used in a safe and healthful manner, does not it follow that the regulation of its standard effectively must be a ban?  One can of course argue the case as to whether it could be reasonably used and whether such a decision should be left to a branch other than the legislative, but those are political not constitutional questions, in my opinion.

I would also direct the Senate's attention to the law in question.

I would like to state that I do not for one second believe that the Senate does not have the power to implement clause 1 (as an implementation of the power to regulate foriegn trade) and clause 3 (as an implementation of Article I, Section 5, Clause 9). These can be done, and thus I would continue some of their effect as laid down in clauses 2 and 3.

My principal beef is with Clauses 2, 4 and 5, and thus I would discontinue them in full. Ernest earlier claimed Article I, Section 5, Clause 9 as a justification for the restrictions. The salient text of this provision is:

To fix standards of [...] such items of commerce as it deems needful throughout the Republic of Atlasia.

Notice that the Constitution says standards of items of commerce. It does not grant power to regulate commerce carte blanche, if this had been intended, those who framed it would have been undoubtedly more general in their language.

Regulating the standards of items of commerce implies a more subtle regulation - the Senate may trim at the edges, it may for example ensure that the standards of transporting asbestos are such that it poses as little risk as possible to the general environment. That would appear to be a common sense implementation of this commerce power. Outright banning, for example, the sale of asbestos, does not regulate any standard of an item of commerce, it regulates the commerce itself.

Before anybody calls me a raving libertarian intent on dismantling the federal government, I would remind you that I am the author of the Public Interest Amendment which has been defeated by this body twice. I have voted to give the Senate power to pass laws such as this one, but my attempt has been defeated. I now intend to hold the Senate to his its rejection of this greater power by ensuring that it does not actually exercise the greater power without actually having it.

I commend this bill to the Senate.

[MasterJedi]

I hereby open up the final vote on this bill. Please vote Aye, Nay or Abstain.

Whereas,
   1. The Asbestos Ban Act bans the mining, sale and use in construction of asbestos within Atlasia.
   2. The Senate recognizes that these restrictions do not appear to have been grounded in any enumerated power granted to the Senate by the Second Constitution

Therefore,
   1. The Asbestos Ban Act is repealed.
   2. The Secretary of State and Secretary of the Treasury shall have necessary power to regulate the importation and exportation of asbestos into and out of Atlasia as they shall feel necessary to protect the public health and the environment.
   3. The Secretary of the Treasury shall have necessary power to regulate the transportation of asbestos throughout Atlasia through the issuing of licenses and other regulations that he feels necessary to protect the public health and the environment.

[MasterJedi]

Nay

[Peter]

Aye

[jokerman]

I recommend the Senate vote to approve this bill.  The complete abolition of asbestos is rather pointless, as there are many forms of asbestos that cause no harm to people and serve many useful purposes, such as in the firefighting industry.

[CheeseWhiz]

Aye.

[Hatman 🍁]

Abstain. I don't feel as though there was a long enough debate on this to make up my mind.

[WMS]

Aye, for Preston's reasons - also, back in Geology class a decade ago it was pointed out that not all forms of asbestos are harmful...let's not go bonkers here with a total ban.

[Gabu]

Aye.

[Yates]

Aye.

[Democratic Hawk]

Aye

'Hawk'

[MasterJedi]

This bill has enough votes to pass. Senators now have 24 hours to change their votes.

[Bacon King]

Aye for the record.

[MasterJedi]

With 7 Ayes, 1 Nay and 1 Abstention this bill has passed. I hereby present it to the President for his signiture.

[TeePee4Prez]

Aye ftr

[Ebowed]

Ebowed