[ SHOWGSD-L ] PAWS (what else?)
- From: ELG440@xxxxxxx
- To: fmurch@xxxxxxxxxxxxx, asantu@xxxxxxxxxxxxx, shelties@xxxxxxxxxxxxxx, akuczkuda@xxxxxxxxxxxx, EAndiori@xxxxxxxxxxxxx, brittaleahnasa@xxxxxxxxx, uwish@xxxxxxxxxx, bschmitt7@xxxxxxxxxxx, burns_cc@xxxxxxxxx, koti5@xxxxxxxxxxxxxxxx, cnobile@xxxxxxxxxx, boffadk@xxxxxxxxxxxxx, deerrunakitas@xxxxxxxxxxxxx, donkagsd@xxxxxxxxxxx, brookberry@xxxxxxxxxxxxx, onaluzlead@xxxxxxxxxx, shakaicr@xxxxxxxxxxx, techno@xxxxxxx, folklaur@xxxxxxxxxxxxx, topbras@xxxxxxxxxxxxx, gorton@xxxxxxxxxx, snugharborlabs@xxxxxxxxxxxxx, ioconnor@xxxxxxxxxxxxx, themuirheads@xxxxxxxxxxx, iza10@xxxxxxxxxxxxx, taborgsp@xxxxxxxxxxx, Gold_love@xxxxxxxxxxx, jamboree14@xxxxxxxxxxxxx, jenlester@xxxxxxx, tanner5@xxxxxxxxxxxxxx, kenjo@xxxxxxxxxxxxx, telmar@xxxxxxxxxxxxx, Leashlady1@xxxxxxx, LEWIEB@xxxxxxx, oswicks@xxxxxxxxxxxxxxxx, LSelmon@xxxxxxx, marylabs@xxxxxxxxxxxxx, Maryann_Czerwinski@xxxxxxx, pmick@xxxxxxxxx, Pinehillgsds@xxxxxxx, pruett@xxxxxxxxx, Rahnyhndogtrning@xxxxxxx, gldnrudy@xxxxxxxxxxx, TERVGRON@xxxxxxx, nooproblem001@xxxxxxxxx, rostrander43@xxxxxxxxxxxxx, rysanwelsh@xxxxxxxxxxxxx, Gaudeamus1@xxxxxxxxx, SharJamLabs@xxxxxxxxxx, fairway97045@xxxxxxxxx, Foreverdals@xxxxxxx, Windsong@xxxxxxxxxxxxx, xlshuku@xxxxxxxxxxx
- Date: Sun, 31 Jul 2005 14:05:43 EDT
In a message dated 7/31/05 9:58:01 A.M. Pacific Daylight Time,
fmurch@xxxxxxxxxxxxx writes:
I will not be satisfied with anything short of a legal opinion from
the USDA Office of General Counsel and the U S Attorney's Office. These are
the only opinions that matter because these are the folks who will interpret
and enforce the AWA.
Actually those opinions also mean nothing, but are opinions that can be
obtained on request. They do not make the laws. The only interpretation of a
law
that has any value is a decision of a Court of Appeals. When the legislature
writes a law, they often do so with good intentions, or with the PAWS matter
to correct a current law that some believe needs to be modified. The changes
often make matters worse, as may be the case in this instance.
If the law is contrary to the constitution of either the state or the
nation, our Courts of Appeal will find is so. They will interpret the law and
decide if it can be enforced. As the current law is written with the changes, I
do
not believe it can be upheld. But, it would be better not to write bad law,
than to go forward to have the courts overturn it in the future. The history
of our country is the other way. We often have laws on the books that either
are declared invalid or unenforceable. In my opinion, PAWS is one of them.
I am an attorney, I have practiced almost 30 years, and have argued many
cases in the Court of Appeals as well as the California Supreme Court and have
many decision published which now establish the laws on which they were based.
I would have no problem taking the PAWS corrections as they are now
presented to a court of appeals, and argue that they are unenforceable and
contrary
to our current laws and the United States Constitution.
But, that is my opinion and has no more value than that of an Attorney
General. or other government official. Anyone who wants to, (and why would
you?)
is welcome to cross-post this to anyone who might have an interest in it.
Evan
_Asgard German Shepherds_ (http://www.asgardgsd.com/)
http://www.asgardgsd.com/
Where Type Movement and Temperament come together
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