Categorized | General Interest

Ho-Hum, Another Bush Hack Casts An Ugly Shadow

    They’ve poisoned the State Department, the Labor Department, the EPA…you’d think that the Bushies would be exhausted by now–it isn’t easy to dismantle a government either by defunding it or making a mockery of its original intent. But, you have to eat least tip your hat to those folks–they just don’t get tired. So, they’ve also put their paws on the Transportation Department. The Administration’s agent of mass deception there is Mary Peters.

    The story: Last December, the omnibus budget bill that was signed into law included a ban on the Administration’s cross-border trucking program with Mexico. The Senate had voted 75-23 on Sept. 11 to stop the program; in May, the House agreed, passing a similar measure by a vote of 411-3.

    It seems like Peters, like her boss, doesn’t believe in the idea that laws passed by Congress should be paid much attention. She’s going to ignore the ban. Nice, huh?

    She claims there is some loophole in the ban. The facts, according to the Teamsters:

Fact: There is no loophole. Congress intended to stop Mexican trucks and the agency must abide by that intent.

The Supreme Court in 1984 ruled "if the intent of Congress is clear, that is the end of the matter" (Chevron U.S.A., Inc. v. NRDC, 467 U.S. 837, 842-43).

Sen. Byron Dorgan, D-N.D., said in a news release that the purpose of the law he sponsored was "to stop the Bush Administration’s pilot program that now allows Mexican trucks to haul freight throughout the United States." (Sept. 11, 2007.)

During legislative debate, Sen. John McCain, R-Ariz., said the amendment would "prevent the pilot from going forward." (Congressional Record, Sept. 11, 2007.) Sen. Dorgan said the "provision would stop this pilot project." (Congressional Record, Sept. 11, 2007.)

When the amendment passed, Federal Motor Carrier Safety Administration Administrator John Hill called it "a sad victory for the forces of fear and protectionism." (Associated Press, Sept. 11, 2007.)

The Senate Legislative Counsel maintains the provision was "drafted to prohibit the use of funds for a demonstration program to allow Mexico-domiciled motor carriers to operate beyond certain commercial zones." (Dec. 28, 2007 letter from Senate Legislative Counsel Polly Craighill to Sen. Byron Dorgan.)

This year’s budget law says, "None of the funds made available under this Act may be used to establish a cross-border motor carrier demonstration program to allow Mexico-domiciled motor carriers to operate beyond the commercial zones along the international border between the United States and Mexico." (Section 136 of Title I of Division K of the 2008 Consolidated Appropriations Act.)

    The rest of the info is here.

    It’s part of a Teamsters campaign to get Peters fired. Can she take her boss with her?

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