Rand Paul in Government Bullies, by Senator Rand Paul (R, KY)


On Corporations: Kelo decision was dangerous landmark in US law

Susette Kelo owned a house in New London, CT. In 1998, the pharmaceutical giant Pfizer began construction on a new plant in New London. The corporate giant convinced the city that it deserved the land in Kelo's neighborhood more than she and her neighbors did. The city utilized its power of eminent domain, which enables the local government to take private property and designate it for public use. Though Kelo was compensated, the government seized her property in the name of "local economic development."

In a horrific turn of events for private property owners across the US, the Supreme Court ruled in the favor of the City of New London in the case "Kelo v City of New London". This was a dangerous landmark decision in US law.

Source: Government Bullies, by Rand Paul, p. 78-79 Sep 12, 2012

On Crime: Lacey Act applies foreign laws to US citizens

The Lacey Act is a frightening example of our government criminalizing activity that really shouldn't be criminal. The original intent in 1990 was conservation--to prohibit trafficking in "illegal" wildlife, fish , and plants.

Legal scholars agree that the end result of this act is an extremely broad law that contains harsh criminal penalties for the vaguest of reasons. The original maximum penalty for violating the Lacey Act was a $200 fine. No imprisonment was envisioned for such violations. But mere $200 fines don't make legislators seem "tough on crime."

The Lacey Act's broad and unspecific delegation of congressional power to foreign governments runs completely afoul of Article I of the Constitution. It also runs afoul of common sense. Try explaining to any American that they could go to jail simply for buying or selling a product that is illegal under foreign law--not US law. Try explaining to them that it wouldn't really matter if they were aware they were breaking these laws or not.

Source: Government Bullies, by Rand Paul, p.106-107 Sep 12, 2012

On Crime: Stop over-criminalization in vague laws like Lacey Act

The over-criminalization of business activity through the Lacey Act [is an example] of "imprecise law"--laws that can mean virtually anything. This year, I introduced the Freedom from Over-Criminalization and Unjust Seizures Act (FOCUS Act) to address these issues, co-sponsored by Rep. Paul Broun of Georgia. When introducing the FOCUS Act, I said:

"Rep. Broun and I are concerned with a dangerous law called the Lacey Act. The FOCUS Act makes significant revisions to the Lacey Act, revisions that we believe are necessary to prevent Americans from having their businesses raided by armed federal agents, their property seized, and even being sent to federal prison."

I refer to the Lacey Act as "dangerous" because of the ways in which it has already wreaked havoc in the lives of many innocent Americans. The FOCUS Act would alter the Lacey Act by removing all references to "foreign law." It would also remove the Lacey Act's criminal penalties and substitute a reasonable civil penalty system.

Source: Government Bullies, by Rand Paul, p.145-146&150 Sep 12, 2012

On Crime: Many criminal statutes lack requirement of criminal intent

The plain language of our Constitution specifies a very limited number of federal crimes. Originally, there were only 4--including treason and piracy. But we have moved so far away from the original intent of our Constitution that we don't even have a complete list of all the federal criminal laws. There are over 4,450 federal statutory crimes scattered throughout the US Code. But no one actually knows the exact number with certainty.

In addition, the vast majority of criminal statutes that have been passed by Congress in recent years lack adequate "mens rea" requirements--our traditional and basic legal notion of criminal intent. In other words, Congress passes laws that either completely lack or have an extremely weak "guilty mind" requirement, meaning that someone charged under the statute could be convicted of a federal offense when he or she just made an honest mistake, or perhaps did not possess the criminal intent traditionally necessary for a criminal conviction.

Source: Government Bullies, by Rand Paul, p.256-257 Sep 12, 2012

On Energy & Oil: Test older gas pipelines for explosion safety

Eight people died in a terrible pipeline explosion in San Bruno, CA, in 2010. Politicians in Washington are quick to jump at the first possible moment to "fix" a problem. But these politicians often take action so hastily that they mistake identifying the actual problem.

Senators Boxer and Dianne Feinstein's bill exempted old pipelines from the new rules. This meant that the over 50-year-old San Bruno pipeline itself would be exempt from the new rules.

We discovered a 1985 report on two fatal explosions in Kentucky, which specifically stated the need to end the exemption of older pipelines from standard regulations. This reform never happened, and 26 years later, Boxer and Feinstein's legislation would have simply papered over the problem again.

We won this battle to include a requirement for testing of the older pipelines. Just weeks later, this test discovered another faulty part, in a different section, of the San Bruno pipeline that had previously exploded.

Source: Government Bullies, by Rand Paul, p. xxxii-xxxiv Sep 12, 2012

On Environment: Citizens run afoul of vague definition of "wetlands"

The Clean Water Act never even mentioned the term "wetlands" while passing through Congress for approval. The unelected bureaucracy simply created the concept and defines it in distinct terminology dependent upon whatever scenario they are currently considering. "Wetlands" quite literally can mean whatever the EPA wants it to mean.

The definition of wetlands has become so absurd and transparent that the Army Corps of Engineers developed the "migratory bird theory." This theory states that if your land is a stopping point for any migratory bird that has traveled between real navigable waters, then your land is now de facto connected to the interstate navigable streams. I'm not kidding.

This theory is irrational & completely illogical. How did it ever become enforceable law? It happened because Congress has abdicated its duty in this area. Citizens often run afoul of these rules inadvertently due to the constant evolution of complex and unexplained regulations.

Source: Government Bullies, by Rand Paul, p. 19-20 Sep 12, 2012

On Environment: EPA enforcement nullifies due process and judicial review

[The Sacketts were building their own home when the EPA ordered them to stop ]. They requested a hearing before the EPA where they could challenge the agency's claim that their property was a wetland. The EPA refused, claiming property owners have no right to a hearing regarding compliance orders. Throughout this waiting process, the daily $75,000 fine continued to accumulate.

However, they filed their own lawsuit in federal court, arguing that the Administrative Procedure Act entitled them to a hearing before a judge. Yet the Sixth and Fourth Circuits rejected any possibility of judicial review. Is this not a complete violation of the separation-of-powers principle? These circuit courts essentially handed the EPA free rein over innocent Americans and their private property. Our government was literally telling the Sacketts that in the US, you are free--unless the EPA decides to get involved, at which point your right to due process and private property becomes null and void.

Source: Government Bullies, by Rand Paul, p. 35-36 Sep 12, 2012

On Environment: EPA regulations cost $15 trillion in 2012

Since its creation in 1970, the Environmental Protection Agency has done more harm than good. EPA regulations cost more than 5% of our annual gross domestic product (which was over $15 trillion in 2012). This is equivalent to the costs of defense and homeland security combined. Most Americans are unaware of this.

Too often our rights are violated by abusive and power-hungry EPA bureaucrats who use threats, coercion, and force to implement power grabs. I wish these instances of abuse were random and the exception, but they have unfortunately come to characterize what many Americans now rightly see as a rogue government agency. EPA regulations have hampered landowners' ability to manage their private property as they please and have seriously impaired job creation. As with the massive cost of the EPA, many Americans are unaware of the routine suffering caused by the overreach of such regulatory agencies.

Source: Government Bullies, by Rand Paul, p. 5-6 Sep 12, 2012

On Environment: Land rules made by delusional government interventionists

One landowner wishing to build a home on a 1.1-acre lot on the Monterrey Peninsula (CA) was required to attend 20-plus public hearings. This process took over 3 years and cost over $600,000.

During one of the dozens of hearings held regarding this property, an architectural review board member said, "In my former life as a seagull, I was flying up and down the California coastline and saw your house built shaped as a seashell." And because his house plan did not match the seashell-shaped house this board member envisioned in her previous life as a bird, she voted against approving any of his plans.

Some would argue this board member to be certifiably insane. This landowner's American dream and basic constitutional right to private property was stifled due to a person in a position of power who is delusional at best. This is literally crazy--and if this story does not illustrate the perils of power-hungry government interventionists, then I do not know what does.

Source: Government Bullies, by Rand Paul, p. 77-78 Sep 12, 2012

On Environment: Navigable waters should mean permanently flowing

What is a "navigable stream," exactly? Well, as one Corps agent admitted, "Whatever we say it is." The Supreme Court didn't define navigable waters, but it did say, at least, that citizens have the right to contest in court the Corps' assertions concerning what constitutes a wetland.

It remains a dangerous situation, though, because the definition of "navigable" is still nebulous and arbitrarily decided by the Corps. Congress has abdicated its responsibility to provide clear laws and guidelines for regulators and citizens to follow. I have introduced the Defense of the Environment and Property Act of 2012 in order to:

Source: Government Bullies, by Rand Paul, p. 90-92 Sep 12, 2012

On Environment: Our federal government regulates everything and anything

Ronald Reagan famously said, "The 9 most terrifying words in the English language are, 'I'm from the government and I'm here to help.'" 3 decades later, American life is micromanaged at every imaginable level. Citizens' basic day-to-day activities are subject to government scrutiny. We endure a federal government that has invaded virtually every aspect of our lives--from light bulbs, to toilets, to lemonade stands and beyond.

Our federal government regulates everything and anything. How much water goes into you commode. How much water comes out of your showerhead. The temperature of the water in your washing machine. How many miles to the gallon your car must get.

Source: Government Bullies, by Rand Paul, p. xxiii Sep 12, 2012

On Foreign Policy: Freeze aid to Egypt until they release detained Americans

When Egyptian President Hosni Mubarak was ousted from office in 2011, a member of Mubarak's old guard decided to charge workers with the "crime" of doing something they had been doing legally and with full permission for years. American and Egyptian citizens were arrested.

Due to a near criminal degree of corruption, abuse, and waste on the part of many recipients--not to mention the fact that we can't afford it--I had long been in favor of eliminating foreign aid altogether. But since the aid existed, I thought it gave Congress the perfect tool to help the detained Americans.

I attempted to freeze aid to Egypt. We had sent Mubarak's regime over $60 billion and now a member of that same regime was responsible for arresting and holding American citizens against their will--19 US nationals. I proposed an amendment to end ALL foreign aid to Egypt--economic aid, military aid, all aid--in 30 days unless the American citizens were released. We give over $1.5 billion to Egypt annually.

Source: Government Bullies, by Rand Paul, p.196-198 Sep 12, 2012

On Foreign Policy: Stop sending foreign aid to people who don't like us

We continue sending billions to Afghanistan, yet Afghan president Hamid Karzai says that if neighboring Pakistan and the US went to war, his country would side with Pakistan. Why exactly are we sending so much money to Afghanistan?

Pakistani leaders have made similar comments, that if the US goes to war with Iran, Pakistan will side with Iran. Yet we continue to send Pakistan billions of US taxpayer dollars. Why?

We cannot continue to try to bully allies or pay off our enemies. So many of the countries we send aid to dislike us, regularly disrespect us, and openly tell the world they will side with our enemies.

America doesn't even have the money to send them. We're borrowing the money from China to aid people who don't like us. This is illogical. It's an insult.

And it should end.

Source: Government Bullies, by Rand Paul, p.199 Sep 12, 2012

On Free Trade: Participated with Raw Milk Freedom Riders civil disobedience

Small farmers up and down the Mid-Atlantic region are raided at gunpoint by goons from the USDA and FDA. What product were they trafficking in that led to such harsh treatment from their government?

Milk.

In November 2011, my office was happy to participate with the Raw Milk Freedom Riders, who set out to acquire raw milk in protest of raids on small farmers.

The Raw Milk Freedom Riders intentionally purchased and transported raw milk across state lines in violation of federal law.

Civil disobedience. Hunger strikes. Persecuted activists. The food freedom movement has all the hallmarks of the great struggles of the past, and that's because it shares a common enemy with those movements--aggressive and arrogant government.

Source: Government Bullies, by Rand Paul, p.219-221 Sep 12, 2012

On Government Reform: Fund new programs by deleting existing ones

In Washington, [there are] the omnipresent groups of lobbyists and special interests who every day descend upon every Capitol Hill office in droves.

I have come to refer to them as the Beseechers. Their hands are always out. They are here to tell me why their cause/products/disease/group is by far the most--in fact possibly the ONLY--one deserving of large amounts of federal dollars, tax breaks, subsidies, or special rules and privileges.

My office demands that anyone wanting money--for any cause no matter how necessary or noble--must first explain where the money will come from. What existing program will they delete to pay for their desired program?

Source: Government Bullies, by Rand Paul, p. 95 Sep 12, 2012

On Health Care: Protect vitamin manufacturers from unreasonable regulations

I introduced the Health Freedom Act, which would protect vitamin and supplement manufacturers from some of the current unreasonable government regulations The burden of proof or wrongdoing should lie not with private business but with the government. As the Constitution demands, if the government wants to raid your office, shut down your business, and harass you and your customers, it should have to prove its case to a judge first.

Major corporations who manufacture vitamins and supplements are often able to advertise certain health benefits. But what about the small businesses? What about those who sell & promote natural foods and supplements, products that are widely known to have certain health benefits, but the FDA doesn't think these businesses should be allowed to advertise these benefits?

For millions of Americans suffering from a wide range of diseases or other health care problems, the FDA has regularly denied information regarding the therapeutic benefits of using dietary supplements.

Source: Government Bullies, by Rand Paul, p.251-253 Sep 12, 2012

On Homeland Security: Military sacrifice spreads flame of freedom around the world

We speak often of those who fight for our freedom overseas, and we should. There are many sacrifices made by our men and women in the military to spread the flame of freedom around the world. Thanks to them, America has been a beacon of liberty and a grand example of freedom for people all over the world for 236 years.

Our Founding Fathers spent, and often gave, their lives to build a new country, where men could truly be free, a nation where the rights granted to us by our Creator could not be trampled on or taken by government.

Source: Government Bullies, by Rand Paul, p. 57 Sep 12, 2012

On Technology: Sharply questioned ban on incandescent light bulbs

Many Americans remember the now infamous mercury-laden Chinese-made $4 light bulbs that were mandated by Congress in 2007--a mandate by a REPUBLICAN Congress and signed into law by a Republican president. In the name of efficiency, Congress decided to ban incandescent light bulbs, which are now supposed to be phased out completely by 2014.

But, as noted, the alternative to incandescent light bulbs isn't much better.

When I sharply questioned a Department of Energy bureaucrat about the light bulb and consumer choice, my Democrat colleagues said that the ban on incandescent bulbs was beyond criticism because a bipartisan majority had passed it.

Beyond criticism? Government overreach doesn't become constitutional or morally right simply because both parties agree to it.

Source: Government Bullies, by Rand Paul, p. xxv Sep 12, 2012

On Technology: TSA is a testament to Islamic terrorist's success

The TSA is a grand testament to Islamic terrorists' success--the scene in any airport pre-9/11 versus post-9/11 is now perceived as a major victory by our enemies. We have given up so many of our liberties, all in the name of preventing another tragedy like 9/11--and that's a tragedy in itself.

There are many parts to this tragedy: great expansion of unchecked federal power; agencies 1st distorting then growing entirely beyond their mission. The combination of all of this has left us where we are today--in a mess.

First came the introduction of the "naked body" scanners, which some have accurately dubbed "porno scanners." For years, passengers on airlines just like visitors to a secure building, have gone through metal detectors to ensure they were not carrying a weapon. In recent years government bureaucrats at the TSA decided that such measures were inadequate.

Source: Government Bullies, by Rand Paul, p.157-158 Sep 12, 2012

On Technology: TSA's primary function violates the Fourth Amendment

The TSA's primary function as an agency is to blatantly violate the Fourth Amendment, which protects Americans against unwarranted search and seizure. This agency has insulted and humiliated countless American citizens. I, along with many other travelers, do not view traveling as a crime that warrants routine government-enforced search and seizure. In fact, I view traveling as a basic right, in which Americans should be free to travel from one state to another without having to succumb to sexual harassment, public humiliation, and government theft--of both our possessions and our pride.

America is better than this.

Source: Government Bullies, by Rand Paul, p.179-180 Sep 12, 2012

The above quotations are from Government Bullies
How Everyday Americans Are Being Harrassed, Abused, And Imprisoned by the Feds

by Rand Paul
.
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Page last updated: Dec 28, 2013