Americans Having Rights Quietly Stolen Away
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The Bush administration and George's minions in Congress have been conducting a very quiet bit of theft of constitutional rights. A conspiracy has been afoot to take away rights from the American public and the government does not want you to see them doing it.
This theft involves the taking of the public's access to the court's away and handing it over to the control of government agencies. It is a little talked about legal theory called "preemption". Here is a simple example on how it works: the FDA has a medical device submitted to it by AllAboutUs Manufacturing. AllAboutUs represents that the device is similar to other devices on the market and petitions the FDA to allow them to market the device without the necessity of all those pesky clinical trials. The clinical trials, by the way, that protects us from dangerous products. The FDA tells AllAboutUs that if the product is similar to those on the market and, gee those haven't hurt anyone; OK, full speed ahead to the marketplace.
Under many other countries laws, this procedure is not permitted, but, what the heck. The theory of preemption would then protect AllAboutUs Manufacturing from lawsuits resulting from defects in its device because the FDA had approved the device for the market. In fact, injured victims may be prevented from seeking justice from AllAboutUs even if they misrepresented to the FDA that their product was similar to others already in the marketplace.
So, even if a manufacturer “skates by” regulations designed to protect the consumer and incorrectly represents facts to get their medical device on the market. Even though by the time they are caught they have made, perhaps, millions or more profit. Even though the constitution permits citizens to seek justice in the court system. Even though the constitution prohibits the executive branch from legislating. Even though this sort of executive branch shenanigans could result in thousands of injured victims seeking treatment from governmental agencies. So what. I guess protecting Corporate America is paramount to this president. The constitution is only a piece of paper standing in the way of George’s massive debt owed to Corporate America. Why should anything stand in the way of the Bush dynasties’ corporate agenda?
One must wonder if George would be so interested in tort reform if a product were to injure him, his wife, his daughter or his mother. Would he be so free to sacrifice constitutional protections if he and his family had not been so blessed as to be spared from such tragedies?