RE: [dvd-discuss] ClearChannel Plays It Safe

[Michael.A.Rolenz(at)aero.org]

The ability of congress to delegate to regulatory agencies was established 
back in the 30s during all the lawsuits involving the WPA and all that. 
The USSC ruled that Congress has that authority.  Most books on 
Consititutional law discuss it.




Richard Hartman <hartman@onetouch.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
09/26/01 02:40 PM
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        Subject:        RE: [dvd-discuss] ClearChannel Plays It Safe



> -----Original Message-----
> From: Harold Eaton [mailto:haceaton@hotmail.com]
...
\
> 
> I guess you're just one of those people that think the 9th amendment
> has no meaning.  I argue that one of the unenumerated rights is the
> right to transmit RF energy (within some bounds just like free speach
> has its limits). Also the right to receive RF energy if it is incident
> upon you. So for me, it is a constituional .

You may as well declare that it is your right to drive on the 
left side of the road.  I'll grant that you have the right to
travel freely within and between the states, and that the 9th
amendment could be used to back that up ... but there are nonetheless
some rules on _how_ you may go about it. 

Similarly, you may have the right to transmit RF energy ... but
there are some rules you must follow in order to do so in harmony
with your neighbors.  The FCC is the body set in place to arbitrate
those rules.  (Now this brings into question whether congress can
delegate it's responsibilities ... I believe that it should be
responsible for passing each and every regulation itself ... but
that is a separate issue ...)


-- 
-Richard M. Hartman
hartman@onetouch.com

186,000 mi./sec ... not just a good idea, it's the LAW!