VOLUME TWELVE NUMBER 2 Lobbying Reform — Keeping it Legal by Cheryl Baisden

When you want something really special for your birthday, it may take more than just a simple request to convince your parents to buy it. You probably start out dropping hints about how great it is, and then casually mention how your friends have it, and how good you’ll be if you get it. If that doesn’t work, maybe you become a little more helpful around the house, or try winning your mom over by complimenting her new haircut. You probably never realized it, but there’s a word for all of the effort you’re putting in — it’s called lobbying. And while you may be lobbying to get that special gift, the practice is most often used in government as a way to influence lawmakers. WINTER2008 “In government, a lobbyist is someone who tries to influence the decisions of elected officials,” explained Todd Sidor, an attorney From ‘Farm to Fork’: and lobbyist for the New Jersey State Bar Association. “Usually they are experts in certain fields, or former government officials with connections HowHow SafeSafe isis OurOur Food?Food? in certain fields, and their job is to by Barbara Sheenhan account for about 20 percent of our (CSREES); and the Department of educate legislators about why a food supply. Health and Human Services (DHHS), certain piece of legislation should or Except for the occasional recall, The remaining 80 percent of which encompasses the Centers for should not be passed. In a way, they Americans basically operate on the our food supply is regulated by Disease Control and Prevention are kind of like salesmen because assumption that our food supply is the Food and Drug Administration (CDC) and the National Institute of their job is to try to sell a certain idea safe. Lately, however, it has been (FDA), which also monitors a Health (NIH), to name just a few. to government leaders.” hard to keep up with the recalls, number of other products such For example, lobbyists who work What are they checking for? with hamburger, spinach and as cosmetics, drugs, animal for the New Jersey teachers’ union To protect American consumers, peanut butter coming under fire. products (see sidebar on page 4) represent the concerns of educators these agencies look at everything So, how safe is our food and who is and medical devices. to lawmakers in Trenton, while from how foods are labeled to how protecting what we eat and drink? Working in conjunction with lobbyists hired by the nation’s food items are distributed and what these agencies is a variety of other automobile manufacturers focus on Who regulates our food? ingredients are contained in imports entities with enough acronyms to topics that relate to their industry in When it comes to food safety from other countries. cover half the Washington, DC. On both the state regulation, our nation’s food supply Part of this process includes alphabet, it seems. and national level, lobbyists represent is essentially broken down into hands-on inspections, which is one They include, for major corporations and industries, two categories. OD & area, some say, where the system — FO D example, the unions and professional associations. The U.S. R and in particular the FDA — is not “Although some people believe it’s U Environmental

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tabs on the M States are visited by the FDA only T so all sides really are heard, and it S I I N State Research, meat and once every five to 10 years. Checks Education and can help forge compromises on some poultry we eat. Extension Services CONTINUED ON PAGE 4 This is said to :Secession: Not an Option for These by Phyllis Raybin Emert military empire, which can’t properly provide for its own people and they believe it is The first time you heard the word “secession” was destroying the 10th Amendment to the U.S. probably while studying the Civil War. As you know Constitution, which states, “the powers, not from your history books, the Southern states wanted delegated to the United States by the Constitution, issues,” said Sidor. “In fact, in some to secede from the Union. What you may not know is nor prohibited by it to the States, are reserved to the cases lobbyists can actually be very that secession by individual states is as old as the U.S. States respectively, or to the people.” helpful to lawmakers because they Constitution itself and is still being debated and According to a University of poll taken in can educate them about issues they considered today. February 2007, 13 percent of Vermonters are in favor don’t have the time or the knowledge Perhaps the largest secessionist movement of seceding from the United States. The to research themselves.” today is one in Vermont. According to an April Second (SVR), a non- 2007 Washington Post op-ed piece, Vermont violent citizens’ network and think tank, A part of our history was actually its own republic for 14 years before is the organization driving Vermont’s Lobbyists have been influencing joining the Union in 1791. Written by Ian secessionist movement. According to the decisions of our government Baldwin, publisher of Vermont Commons, a SVR’s website, its members subscribe to leaders since before the colonies newspaper that advocates Vermont’s secession a number of principles including political won independence from the British, from the U. S., and Frank Bryan, a political independence, economic solidarity, equal according to Senator Robert C. Byrd, science professor at the , opportunity and power sharing. Its goal is who researched the history of the the piece claims that during those 14 years to have Vermont’s 230 town meetings vote practice in the 1980s and has given Vermont “issued its own currency, ran its own on the question of the state’s independence numerous presentations on the topic. postal service, developed its own foreign by 2010. Town meeting is a form of local In a speech before the U.S. Senate in relations, grew its own food, made its own government that is mainly practiced in the 1987, Senator Byrd stated that it was roads and paid for its own militia.” Baldwin and states. Generally, residents lobbying against British taxes that Bryan write that the United States has become a large, corrupt, and aggressive CONTINUED ON PAGE 3 CONTINUED ON PAGE 2 Can Playing Violent Video Games Lead to Violent Teens? by Cheryl Baisden realistic. Today’s popular video them negatively. For some children beaten to death when her games, like the Grand Theft Auto who are angry, violent or agitated, babysitters acted out scenes from When your parents were your series, are a different story. playing these games can be a great the video game Mortal Combat. age, the most popular video game Computer technology has made it release for all of the anger; while According to the Denver Post, the around involved a little yellow circle possible for video games to look for others it can cause them to be girl’s 16-year-old half-sister and named Pac Man, who raced and feel almost real, and critics say more violent.” the sister’s 17-year-old boyfriend through a maze with his mouth the combination of realism and are charged with child abuse A case of murder open, chomping tiny white dots violence can bring out violent resulting in death and could Lawyers for an Alabama and trying to avoid four brightly behavior in frequent players. face up to 48 years in prison teenager who killed two police colored blobs named Blinky, Pinky, In a study published in the if convicted. officers and a dispatcher in 2003, Inky and Clyde. When the blobs April 2000 issue of the American had hoped to use the teen’s Legal limits turned blue, Pac Man could score Psychological Association’s Journal interest in Grand Theft Auto Lawmakers in several states, extra points by gobbling them up of Personality and Social as a defense in including New Jersey, have too, but if he didn’t hightail it out Psychology, researchers his murder trial. considered regulating the of their way when they reverted concluded that repeatedly According to a distribution of violent video games back to their original colors, poor playing violent video games People magazine by making it illegal for store Pac Man would melt into a puddle can increase aggressive article, when he owners to sell or rent them to and lose a life. Once three lives thoughts, feelings and was arrested for anyone under the age of 18. were lost, the game was over. behavior. Further, the the murders, Devin The First Amendment to the U.S. While Pac Man was a lot of fun study reported that Moore told Constitution guarantees freedom to play, nothing about it was playing games like police, “Life is of speech and expression. So, Grand Theft Auto like a video according to Steven Schechter, may be more harmful game; everybody’s a Fairlawn entertainment lawyer, than watching got to die sometime.” video game manufacturers and violence on TV and in The judge in the trial, distributors have a right to develop movies, because the games however, refused to and sell these games to anyone, are interactive with the players allow testimony on the topic. regardless of their age, unless the pretending to be the aggressors. Moore was found guilty of murder content is considered obscene. “We found that students who and sentenced to death for his “It is my understanding that the reported playing more violent video actions. His attorneys plan to courts have unanimously stricken games in junior and senior high appeal the decision, and hope to as unconstitutional all of the laws school engaged in more aggressive This publication was made possible through funding use his fascination with the video passed to date around the behavior,” psychologist and lead from the IOLTA Fund of the Bar of New Jersey. game as a defense this time. country,” said Schechter. “Video study author Craig A. Anderson In the meantime, families of games are entitled to protection as Angela C. Scheck said in the report. Moore’s victims are suing Sony speech under the First EXECUTIVE EDITOR According to the report, Entertainment, Take-Two Amendment.” Government Jodi L. Miller violent video games teach kids to Interactive, Wal-Mart and intervention in this area would be EDITOR handle conflicts aggressively, and Gamestop for $600 million, “dangerous,” he added, because it the longer they play the more they claiming his murder spree was would permit “government officials respond that way. Dr. Eliot Garson, Editorial Advisory Board prompted by repeatedly playing the to prohibit or restrict speech they a Princeton Junction psychologist game, which was developed and do not like or they find offensive Steven M. Richman, Esq. experienced in treating children, sold by the companies. although the speech may be CHAIR believes things are more “Everything he did is right from constitutionally protected.” complicated than the report Grand Theft Auto,” Willie Crump, Although no action has been Paula Eisen indicates. whose son was one of Moore’s taken on the New Jersey bill John J. Henschel, Esq. “I have found that the results victims, told People magazine. proposed by Assembly members Stuart M. Lederman, Esq. really depend on the individual “Why would you make a game l Linda Stender and Jon Bramnick, Louis H. Miron, Esq. child,” Dr. Garson said. “There ike that to show kids how to members of the gaming industry Carole B. Moore really is no hard and fast rule with kill cops?” said they are prepared to fight Thomas A. Zeringo this. Parents should evaluate how In another more recent incident, the legislation if it comes up for their particular child behaves and a seven-year-old Colorado girl was a vote. New Jersey State Bar Foundation decide whether a game is affecting Board of Trustees Mary Ellen Tully, Esq. PRESIDENT Keeping it Legal CONTINUED FROM PAGE 1 Richard J. Badolato, Esq FIRST VICE PRESIDENT actually prompted America’s leaders to fight the Legislating lobbying Stuart M. Lederman, Esq. Revolutionary War and during the new nation’s first The first step to monitoring lobbying activities is to SECOND VICE PRESIDENT official congressional session lobbyists regularly met be able to identify who the lobbyists are, so in 1995 with officials to promote their interests. the U.S. Congress passed the Lobbying Disclosure Act, Louis H. Miron, Esq. In the days when travelling to the nation’s capital which set up rules requiring an organization or TREASURER could take weeks on horseback, employing one or company to register the people they employ as Steven M. Richman, Esq. more people to represent the concerns of farmers or lobbyists. Under the law, anyone who spends at least SECRETARY other groups of people with special interests was the 20 percent of his or her time lobbying and holds at only way constituents could guarantee that their least two meetings with government officials over TRUSTEES voices would be heard by their elected six months must register as a lobbyist. Mary M. Ace officials, the senator noted. In some cases In the summer of 2007, the U.S. Congress Gwendolyn Yvonne Alexis, Esq. lobbyists simply offered information to passed another law, the Honest Leadership William G. Brigiani, Esq. lawmakers, while in other instances they and Open Government Act, which Patrick C. Dunican Jr., Esq. provided gifts, forces lobbyists to report certain Allen A. Etish, Esq. paid for trips, hosted lavish parties and campaign contributions they collect helped fund political campaigns as a way and turnover to political candidates. Susan A. Feeney, Esq. to gain access to lawmakers. The law also prohibits lawmakers and John J. Henschel, Esq. “The key to lobbying really is to have their staff from accepting gifts, meals or Peggy Sheahan Knee. Esq. access to the lawmakers,” explained Sidor. trips from lobbyists, and sets fines and Ralph J. Lamparello, Esq. “Sometimes you can gain access because the prison penalties for lobbyists who offer Kevin P. McCann, Esq. company you represent is big or powerful and them. Jeffrey J. McWeeney, Esq. represents a lot of voters. Sometimes access is gained New Jersey lawmakers and the federal Carole B. Moore by contributing money to someone’s campaign.” government have also passed campaign finance laws Lynn Fontaine Newsome. Esq. Since educating someone through lobbying could that limit the amount of money individuals can donate Wayne J. Positan, Esq. be misconstrued as trying to buy someone’s vote, to political campaigns, hoping to keep lobbyists or Richard H. Steen, Esq. state and federal governments have passed a number others with special interests from possibly getting Margaret Leggett Tarver, Esq. of laws over the years to try to prevent corruption. At special treatment when it comes to the passage of Ronald J. Uzdavinis, Esq. the same time, since lobbying is protected under the laws. New Jersey has also approved legislation often First Amendment of the U.S. Constitution, the types called “pay-to-play” reforms, which prohibit businesses Leonard R. Wizmur, Esq of restrictions placed on lobbyists must not deny them that have work contracts, or hope to get contracts, the right to free speech. The most recent lobbying with the state from being able to make campaign laws were drafted as a result of the controversy contributions. surrounding several members of the U.S. Congress “The way proper lobbying is designed to work is © 2008 New Jersey State Bar Foundation and lobbyist Jack Abramoff, who was sentenced to that you, as a lobbyist, have an opportunity to be close to six years in jail for attempting to bribe heard and present the facts as you see them,” said lawmakers. Sidor. “But that doesn’t mean that lawmakers will end 2 up deciding in your favor.” Secession CONTINUED FROM PAGE 1 of a town will get together once a Do states have the right year and act as a legislative body. to secede? Vermont isn’t the only state Secessionist movements, with groups of citizens who including those in Vermont and want to secede. According elsewhere, make several points to the Middlebury Institute, an about secession. Among those in an email, organization that promotes the points is that the U.S. “Lincoln’s view study of separatism, secession Constitution does not prohibit a that the Union and self-determination on a state from leaving the union. In was perpetual and national and international level, fact, according to , indissoluble was, there are secessionist movements founder of SVR, the Tenth I believe, the in more than half of the 50 Amendment gives all states the best way states, including Alaska, constitutional right to secede. to view Hawaii, California, Georgia, Professor Dorf explained in his the question and Texas. article, “Because the Constitution [of secession]… Closer to home, in 1980, derived its initial force from the The Civil War settled New Jersey had its own voluntary act of consent by the the matter by force of its secession and questionable secessionist turmoil within sovereign states, secessionists arms and resolved the debate that allegiance to the U.S. government the state (see sidebar). argued, a state could voluntarily raged since the Constitution went and its Constitution. Chief Justice and unilaterally withdraw its into effect.” Constitutional or illegal: consent from the Union.” Salmon P. Chase wrote the A look back American secessionists today Texas v. White (1868) opinion of the Court and focused After the U.S. Constitution was say that the United States was The U.S. Supreme Court ruled on whether Texas “ceased to be a approved in 1789, many states founded upon secession and point on the secession issue in the 1868 State or…did the State cease to threatened to leave the union. to the words of The Declaration case of Texas v. White. In 1851, be a member of the Union.” Professor Michael C. Dorf, a law of Independence, which states, the United States issued bonds Chief Justice Chase wrote, professor at “Governments are instituted to the state of Texas that were “…From the Articles of and author of Constitutional Law among Men, deriving their just redeemable after December Confederation…the Union was Stories, wrote about these powers from the consent of the 1864. The bonds needed the solemnly declared to ‘be secession movements in his governed. That whenever any endorsement of the governor perpetual.’ And when these article, Does the Constitution Form of Government becomes to be exchanged for money. In Articles were found to be Permit the Blue States to Secede? destructive of these ends, it is the the meantime, Texas seceded inadequate…the Constitution was In 1790, Dorf wrote, Ben Franklin Right of the People to alter or to from the Union and became part ordained ‘to form a more perfect and other Pennsylvania abolish it, and to institute new of the Confederacy. A military Union.’ It is difficult to convey the abolitionists sent a petition to Government.” board was organized by the rebel idea of indissoluble unity more Congress to immediately end the government to use the bonds in clearly than by these words. What slave trade. According to Dorf, President Lincoln weighs in the state treasury for defense. can be indissoluble if a perpetual “members of the Georgia and It was President Abraham In January 1865, the board Union, made more perfect, is South Carolina Congressional Lincoln who made the case sold 135 bonds to George W. not?” Therefore, the chief justice Delegations intimated that if against unilateral secession in his White and John Chiles in payment wrote, “The Constitution, in all its Congress attempted to manumit First Inaugural Address delivered for cotton cards and medicine, provisions, looks to an [free] slaves, their states would in Washington D.C. on March 4, but none were endorsed by the indestructible Union, composed of leave the Union.” Congress denied 1861. His foremost aim was to governor. After the war, a lawsuit indestructible States.” the petition and passed a preserve the Union, not free the was brought by the state of Texas “When…Texas became one of resolution declaring it did not slaves. “I have no purpose, directly and its elected governor, to the United States,” the chief have the power to end slavery. or indirectly, to interfere with the request an injunction [order] to justice explained, ”she entered Thereafter, Southerners often institution of slavery in the States prevent White and Chiles “from into an indissoluble relation…And made secession threats whenever where it exists,” he declared. “One receiving payment from the it was final…There was no place the question of limiting slavery section of our country believes national government, and to for reconsideration, or revocation, was considered. slavery is right, and ought to be compel the surrender of the except through revolution, or Southern states, however, were extended, while the other believes bonds to the State.” through consent of the States.” not the only states in the Union to it is wrong, and ought not to be Defendant Chiles questioned Therefore, according to Chief threaten secession. Professor Dorf extended. This is the only the authority of the State of Texas Justice Chase, any elections or wrote, “In 1804, members of the substantial dispute.” to prosecute the case because of declining Federalist Party in New Lincoln was very specific CONTINUED ON PAGE 4 England and New York, plotted about the Union. “I hold, that secession from a country ruled by in contemplation of universal the Republican Thomas Jefferson.” law, and of the Constitution, In 1815, Federalists threatened the Union of these States South Jersey to North Jersey: secession to oppose President is perpetual. Perpetuity is James Madison’s handling of the implied, if not expressed, in the “Take a Hike” War of 1812. fundamental law of all national In the late 1970s, people in South Jersey had a lot to complain about. Philosophy professor governments... Continue to They objected to an indifferent central government in Trenton, and to state Donald W. Livingston in a Society execute all the express money assigned to the more populous north. They were angry over stricter Magazine article, titled The Very provisions of our national environmental and land-use policies and regulation of gambling in Atlantic Idea of Secession, wrote that New Constitution, and the Union will City. They protested when many state appointments went to Northerners. England states considered endure forever…” Lincoln went The unhappy residents formed a secessionist movement called The secession “over the on to refer to the 1787 Committee to Free South Jersey, which was supported by publisher and Purchase in 1803, the embargo Constitution, whose object was editor, Albert E. Freeman and headed by builder and deputy mayor of Egg in 1808, the war with England “to form a more perfect Union” Harbor Township, Joel Jacovitz. A non-binding referendum was placed on in 1814, and over annexation and stated that if one or more the November 1980 election ballot in Atlantic, Burlington, Cape May, of Texas in 1843.” According to states could lawfully attempt to Cumberland, Ocean, and Salem counties, with 51 percent of voters opting Professor Livingston, Gouverneur destroy the Union, the “element for secession from New Jersey and the formation of a new state. Salem, Morris, one of the signers of the of perpetuity” would be lost. Cape May and Cumberland counties voted to secede by large margins. The U.S. Constitution, suggested in “It follows from these views,” referendum won narrowly in Atlantic and Burlington counties, and Ocean an 1812 New York Tribune essay declared Lincoln, “that no State, County rejected it. that New York and New England upon its own mere motion, can Two Jerseys wasn’t a new idea. According to writer Peter Mucha in his should secede and form a lawfully get out of the Union, — article “Rebel Power” that appeared in New Jersey Monthly in October separate union. The professor that resolves and ordinances to 1980, “From 1676 to 1702, New Jersey was actually two colonies, East explained that the term secession that effect are legally void, and and West Jersey, separated by a line that ran from Little Egg Harbor was used “during the first 70 that acts of violence, within northwest to the Delaware Water Gap…In East Jersey…people established years of the union to describe any State or States, against the towns with outlying farms, much in the New England fashion.” Mucha an action available to an American authority of the United States noted that West Jersey, owned by Quakers, was split into large farms with state.” Thereafter, the theory are insurrectionary or few towns or cities. South Jersey, which evolved from West Jersey, was of the modern unitary state revolutionary, according to more rural with a laid-back type of living. North Jersey like the original became dominant. Instead of a circumstances.” The newly East Jersey colony, was urbanized and faster-paced, with more businesses “federation of sovereign states,” elected president continued, and industry. a doctrine took hold that “the “The central idea of secession The result of the referendum in 1980 brought a lot of attention to union created the states — is the essence of anarchy… South Jersey and the inequities experienced by its residents. A new not the states the union.” And The rule of a minority, as a governor, Thomas Kean, took office the following year. The secession therein lies the disagreement permanent arrangement, is movement and referendum vote caused Governor Kean to focus on between secessionists and wholly inadmissible…” South Jersey issues and the crisis between the Jerseys was non-secessionists. Senior Assistant Prosecutor Steven Brizek of the Passaic gradually averted. County Prosecutor’s Office said —Phyllis Raybin Emert 3 How Safe is Our Food? CONTINUED FROM PAGE 1 Protecting Our Furry Friends by the FDA on food imports imports, particularly With last year’s pet food scare from an independent laboratory, are even less seldom, those catering to ethnic still fresh on many people’s minds, that the product is free of according to the article, populations. legislators are taking steps to melamine and related compounds,” with less than one Substantial quantities safeguard our pets. Efforts are the FDA announced. percent of food at of these products focused largely on monitoring pet Thomas Slater, acting director of our ports being including food, food ingredients after a chemical communications for the New Jersey inspected. This nutritional called melamine, which was Department of Health and Senior seems to be a supplements, herbal commonly used as filler in pet food Services (DHSS), said, in an e-mail, problem that is remedies and manufactured in China, was blamed that a proposal to extend the FDA’s getting worse, cosmetics have been for numerous illnesses and deaths authority to conduct inspections at not better. found to contain heavy in cats and dogs. foreign food facilities would also While imports have gone up metals, lead, mercury and In New Jersey, for example, a “go a long way” to help prevent pet “tenfold over the past 14 years, arsenic.” bill has been introduced that would food problems like those that the number of port inspections Another concern, Slater said, require all pet food sold in New occurred last year. has dropped,” The New York is an increase in outbreaks arising Jersey to be certified as safe On its website, the FDA said it Times reported. In 2006, from fresh produce. Most of these meaning that it does not contain has no surveillance network to according to The New York Times, problems, he said, are traced back harmful chemicals or byproducts. confirm the cases of illness or the U.S. received 8.9 million to the farm fields. To better The bill also would allow pet death stemming from last year’s shipments at its ports. Of those safeguard consumers, Slater says owners and the Attorney General pet food contamination, but shipments, FDA inspectors more research is needed to to bring civil actions when pets are newspaper reports put the number sampled only 20,662. China, understand “how pathogens enter injured by tainted food. Another of cats and dogs that perished as a which, according to International our food supply as food travels proposed New Jersey law would result of contaminated pet food at Trade Commission figures, has from the farm to the fork.” allow pet owners whose animals 8,500. The result was the largest recently become the U.S.’s third- Too many cooks… are harmed by contaminated food recall — more than 60 million largest exporter of food — behind In addition to inspections, to recover financial losses from the packages — of pet food. Canada and Mexico — sent another important ingredient in food’s manufacturer, producer and While the worst seems to be 199,000 shipments in 2006. our nation’s food safety protocol distributor. over for Fido and friends, the According to The New York Times is legislation, which exists at both At the federal level, the Food recent pet food scare has put the article, the FDA sampled only two the state and federal level. One and Drug Administration (FDA) spotlight on China’s manufacturing percent of those shipments. federal bill that has attracted the announced on its website that it processes, which have also come “The bottom line is that public’s attention recently is a has issued an alert that stops all under fire recently for complaints the United States is being proposal to create a single agency shipments of all vegetable protein about unsafe levels of lead in toys. overwhelmed with food imports, to focus on food safety, rather products — which are associated This has led some to question and they are not being screened than having 12 or so different with last year’s pet food recall — China’s safety practices not only by the FDA,” William Hubbard, agencies divvying up the task. from all of China. with pet food but with human food a former FDA associate This legislation would establish “No product can enter the and other products as well. commissioner for policy and a Food Safety Administration and United States until the importer planning, told The Los Angeles is currently pending in the U.S. proves to the FDA, through results —Barbara Sheehan Times. In a New York Times article, Congress. The bill has won Hubbard said, “The public thinks support from New York Senator the food supply is much more On its website, the FDA as time has passed with no and U.S. presidential candidate protected than it is. If people reports that “since the September new attacks. Hillary Rodham Clinton. In really knew how weak the 11 attack, the FDA has increased addition, in 2007, Senator Clinton Handle with care FDA program is, they would its emergency response capability issued a press release and sent As people look to agencies like be shocked.” by realigning resources for a letter to Senate leaders urging the FDA to keep them safe, Slater Still, the FDA is not ignoring possible use to counter terrorism, them to implement mandatory points out that we, too, can play a the problem. According to a July and by reassessing and country of origin labeling (COOL) role. 2007 issue of Newsweek, the strengthening its emergency on all food coming into the “The most important thing “FDA is blocking imports of response plans.” United States. people can do to ensure their Chinese farm-raised catfish, bass, Still, some question the As for other initiatives, Slater food is safe is to properly handle shrimp and eel while it waits for viability of the FDA’s plan. said the U.S. Congress is food at home after they purchase cleaner fish farms and better Illustrating the point, a New York considering proposals that would it,” Slater said. “That means inspectors.” According to Times article reported that 1993 enhance the traceability of food proper heating and cooling, Newsweek, $288 billion worth saw 3,700 illnesses connected to products and their ingredients, preventing cross-contamination of Chinese goods come into this food regulated by the USDA, while and require inspections at foreign and hand washing.” country every year. That number during the same year food food facilities. Currently, the FDA includes everything from produce regulated by the FDA garnered is not authorized to inspect to seafood to children’s toys. 6,700 illnesses. In 2004, The New overseas plants without a York Times reports that the USDA Better inspections needed country’s permission, even if the cases dropped to 2,300 while the Thomas Slater, acting director U.S. has proof of contamination. GLOSSARY FDA’s rose to 10,300. of communications for the New Counterterrorism In addition, a Los Angeles Jersey Department of Health and initiative challenged Times article reported that while Senior Services (DHSS), agreed No doubt food regulators have the FDA developed comprehensive that an increase of inspections at their plates full monitoring the safety protections after abolitionist — someone who the ports and better-targeted regular day-to-day aspects of food September 11, the sense of opposes slavery. inspections are needed. safety. But what about protecting urgency to follow through with In an email, Slater said, “The anarchy — the absence of against terror attacks? that initiative has “drained away” area of greatest concern is illegal government, which creates lawless confusion and disorder. indissoluble — not able to be broken apart or destroyed. CONTINUED FROM PAGE 3 injunction — an order of the court Secession that compels someone to do something or stops them from legislation during the secession from the Union “were Senior Prosecutor Brizek said, “the only way one doing something. absolutely null.” The Court concluded that Texas might argue…[a state could secede]….is if the Union continued to be a state in the Union during the Civil of states, by the same percentage as was required to insurrectionary — pertaining to War “controlled by a government hostile to the United adopt the U.S. Constitution, with that would-be resisting an established States.” During these hostilities, the rights of Texas seceding state’s consent, agreed to allow that state government. and her citizens were suspended. “The contract, to withdraw from the Union.” He added, “If such a legislation — the dissemination and under consideration…was still a contract in aid of the separation were permitted, [the seceding state] enactment of law by a legislative rebellion, and, therefore, void…,” Chief Justice Chase would have the same relationship to the United States body. wrote. So, the decision was in favor of the state of as any other foreign state…[and]…would likely mirror non-binding referendum — a Texas and against White and Chiles. that in effect between Canada, Mexico and our other public vote on a measure that is Professor Dorf wrote, “Article IV [of the close neighbors.” only advisory and not required to be Constitution] empowers Congress to admit new It seems very unlikely that Vermont’s or any other put into effect. States, but that no provision of the Constitution state’s secessionist movement would prevail after the pathogen — an organism that authorizes a state to leave the Union.” According to decision in Texas v. White. But, according to Professor produces disease such as a fungus the professor, “both Lincoln and the Supreme Dorf, “We must struggle to interpret the sounds of or virus. Court in Texas v. White strongly implied that the Constitution’s silence.” it would be possible for one or more states perpetual — continuing forever. to leave the Union with the consent of the sovereign — indisputable power or Union as a whole.” But the question is, authority. 4 how would the Union consent?