fandomhigh | Lawyering Up, Week 4: Wed, Period 2 (1/30)

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Lawyering Up, Week 4: Wed, Period 2 (1/30)

Another class, another set of packets.

"Today we'll be discussing Environmental Law," Nathan said. "We like having clean air to breathe, water to drink, and food that won't kill us. Environmental law is how we make that happen.

"Environmental law has a wide scope," Nathan continued. "It could involve trying to create a law to protect a rare species, it could involve trying to bring a civil lawsuit against a company that poisoned your water supply. There is even environmental racism. That's when the 'not in my backyard' syndrome meets 'money talks.' Which means the environmentally harmful actions happen in places where those who live there don't have a political voice due to their social status and/or skin color.

"We can probably all agree that we want our environment to be safe to interact with," Nathan said. "But can we do that and not hurt our economy? Or without creating laws that are too broad in scope? Some wonder if we're allowed to argue it at all.

"Which brings us to today's exercise." Nathan indicated the last part of the handouts. "Environmental law and the Constitution. Does the Constitution as it stands now give us the strength to pass laws with the goal of protecting the environment? Or do we need to come up with new ways, such as an amendment that specifies a clean environment as being a fundamental right?

"Pair up," Nathan said. "One of you take a position that says the Constitution is fine, the other takes the position that it needs changing. Argue your case. See if you can change your partner's mind. I'll be here if there's any questions."

[ooc: OCD is up! Have at it!]

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Pair up and debate how to continue to be able to breathe! You picky, picky breathers you.

Chris looked for a partner.

Lana smiled over at him. "Want to be my partner?"

"Sure, why not," Chris smiled back.

"So... Constitution or not?"

"I don't care," Chris said. "You pick."

~~Is currently teaching the US Constitution in class.~~

She shrugged. "Of course the Constitution gives us enough strength to pass appropriate laws. There's a whole section that basically says 'and the government has the right to pass any other sorts of rules that they think are appropriate'. It's kind of a rubber band clause."

Chris nodded. "But just because the Constitution gives that right doesn't mean that actually passing a law is easy to do."

"No laws are supposed to be easy to pass. And the question isn't whether they're easy to pass, but whether the Constitution gives us enough power to allow them to be passed," Lana argued, but without much heat.

"But the hoop-jumping that has to go on to get a law passed could be detrimental to our nation's health," Chris pointed out.

"All laws need to go through the same hoop jumping, though," Lana said reasonably. "There's a reason why we have the process set up the way we do. Changing the Constitution will take even longer and years more of arguing and that time could be spent more productively actually starting to get environmental laws through the system."

"The problem is that the Constitution lets the politicians add all kind of rider clauses to their bills," Chris said. "So a nice bill that will save the enviroment might have a hidden line item that gives billions of dollars to weapons development and it gets shot down."

"But all a constitutional amendment would do is say that we're allowed to make laws about the environment which we already can do, it won't fix any of that stuff."

Annette rested her chin in her palm, looking around for a partner.

"Need a partner?" Lee asked.

"Hey, Lee," Annette smiled. "Sure, that'd be great. Any particular position you'd like to take?"

"I've never seen this Constitution so let me try and argue that it's right," Lee decided. "A challenge."

"And it will be a challenge for me to argue that it can be amended where and whenever," she said. "But, I will give it my best."

Settling herself in a better position at her desk, she folded her hands atop, and said, "So, Constitutional amendments would be wondeful considering the state of our enviroment. It is our right as citizens to want to have laws that enable the goverment to advocate a healthy, clean enviroment. Wouldn't you agree?"

"I would agree if the Constitution already didn't have provisions to ensure that," Lee said. "There's no need for unnecessary legislation that would get tied up in the government."

"Ah, yes, but we could take certain steps to further detail those provisions and enforce them at a greater value. Factoring in the time allowance need not be considered if it is important enough. Living healthy, living clean is a top priority among our nations population."

Lee smiled because she was a good talker. "The Constitution already gives power to the States that aren't given to the federal government. Why should the government adopt something nationally when there's this and the States could make the decision themselves?"

"Because the States like to sit around and discuss without action. If they were pushed by amendments to the Constitution backed by the goverment and congress, and all those white-collar guys and gals, then the States would be forced to get their butts in gear and make it happen." She smiled. Really, Annette should have read her handout first. "All for the betterment of mankind."

"So, the government should cover because the States are lazy?" Lee asked. "And what happens when the government decides that yes, they'll make an amendment and States pitch a fit because their ten amendment rights have been violated?"

"Not necessarily cover, no, that's not what I am implying. But helping by backing the power they have already given the States, seems justifiable." Annette said. "Were that to happen then I would think the floor would be open to discuss and plan and improvise if needed, coming to an agreement for all persons and parties involved. Resolution with the means to enforce an enviromentally safe planet -- well, it would be hard to ignore, also hard to argue. Don't you think?"

"I think you'd be surprised how independent States can be and how loud they can be if the government tried to overstep them," Lee said but it was hard to argue this now. "Any new amendments to the Constitution would be met by a lot of opposition. No one agrees on everything."

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