Where were you when wood became a felony?
Here is a prime example why the govt cannot be trusted anymore. Every single new law that comes down the pipe is designed to make us all unknowing felons. The burden of proof lies with the govt to prosecute, but that burden of proof is all but myth these days. The real burden lies on the unsuspecting citizen who may or may not have run afoul of any number of obscure laws in addition to the laws of ALL other countries. I read somewhere not too long ago a blurb from a legal scholar that said on average Americans commit about three felonies every day. It sounds absurd on its face but when viewed in light of our laws (esp. the ambiguous interstate commerce clause) we have all been turned into a nation of criminals.
http://www.classicalvalues.com/archives/2009/10/where_were_you_2.html
http://www.classicalvalues.com/archives/2009/10/where_were_you_2.html
Oh, my friend. There are MANY MANY more laws already on the books that do similar things. (Check out the USDA creep when taking farm subsidies for example...)
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It's on all levels of government as well, even down to the private law level where an HOA can fine you for (if they so choose) for putting up a basketball hoop or painting your house the wrong shade of beige.
Prosecutors and police like to have the discretion (i.e. power) to decide to enforce the law against you. And the vast majority of these individuals exist at the state/local level. I don't worry much about harassment from the FBI, but mainly because I've never met an FBI agent. But I see cops all the time.
You see the same thing in sentancing. The embezzeling friend of the local mayor, the drug-dealing teenage son of a judge, they have all "succumbed to a moment of weakness" and are "people of good character" who deserve a second chance. The masses, however, are typically swine who need to locked up and then throw away the key. Unless, of course, they want you to snitch and then they'll give you a deal.
But on the committment of felonies, probably the most felonies you commit each day are based on copyright violations; the enforcement of which is usually left to the discretion of large media conglomerates.
The enforcement of the Wood law, specifically, seems to be left to the Fish & Wildlife comission. I'm not really worried about them. And if I bought some toothpicks made from endangered rain forest trees unwittingly, and a fish and wildlife officer tried to arrest and prosecute me, I'm sure the law would be declared unconstitutional.
On a more meta level, it raises the question of forestry regulations. Should governments have any right to regulate the harvest of trees?
If they do, and then trees are harvested illegally, what type of authority should government have as a remedy?
There are fisheries that have collapsed because of overfishing; should government have the ability to try and regulate fishing activity? If someone buys a fish that's almost extinct to feast upon as a delicacy, should the government be able to prosecute?
What is the proper role of government in creating order and pricing externalities for environmental issues?
But if you think they have no business dealing with "green" issues, take a look at these pictues, which are the evidence of a more relaxed governmental attitude:
http://business1001.posterous.com/amazing-pictures-pollution-in-china-chinahush
The pictures are also pretty cool.
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You're absolutely right about it being on all levels of govt. Neighborhood covenants being one of my greatest pet peeves right next to soviets. Kind of the same thing though.
I think that is exactly the point of all the obscure laws. It gives the enforcement arm of govt the discretion to oppress should one become a nuissance.
The "wood" law would indeed fall under U.S. Fish and Wildlife but there would probably be some pissing contests with the USDA, Customs, etc. Therein lies the problem. How many fucking enforcement agencies do we as a society need? How many are even constitutional? Laws are so numerous, obscure, and openly worded that they don't even know who has proper jurisdiction. And in case you didn't know, each of these agencies has its own paramilitary s.w.a.t. corps within its own enforcement wing. No bullshit. Fish and Wildlife has a s.w.a.t. team.
One doesn't even have to break any U.S. laws to get jacked up. Specifically the "wood" law, the Environmental Protection Act and the Endangered Species Act subject hold U.S. citizens to the laws of EVERY other country. Im sure most of our laws say the same thing, but of these I am certain. What the Fuck?
As far as forestry regulations, i think there can be a balance of regulation and fair use. As a naturalist/conservationist I think there are plenty of ways to strike this balance without the draconian regulations that we have in place. In fact most of these regulations have a counterproductive effect. You end up with the kill/cover up phenomenon as one example. If a land developer discovers a nest of endangered dick-throated gargler thrushes, its an easy decision to shoot and bury them instead of having millions of dollars go down the drain with a shutdown of operations. I believe in conservation but I also err on the side of individual property rights. I could, however, give two shits about humanity in general. go figure. Those pictures from china are just wrong though.
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