Tuesday, March 9, 2010

Congressional Powers Assignment

Background:
The horse protection act of 1970 was passed by congress due to the increasing concern for horse safety. It has to deal with the care and training methods and implements that can be legally used. It also outlines the penalties for violations of this act. It is currently enforced by the USDA.
Goal of Action:
Congress was trying to create a safe atmosphere for horses. Traditionally trainer have used chains and ropes to make horses have abnormal or unnatural gaits. Also, to achieve results that are not commonly seen in a wild or "natural horse". It also sets a standard for their care.
Means of Goal:
The Attorney General has set up offices and agencies that preform random spot checks at horse shows and events. From the result of some of these illegal methods scars and blistering occur and can be detected. Also, if people call in and report the crime the USDA investigates to see if there is a violation. The act if enforced today by the United State Department of Agriculture.
Type of Power:
Implied- Congress used the Commerce and Trade clause of the constitution. Since horses are often times sold or make money congress was able to use this clause.
Analysis:
Yes, This is a problem that needed to be addressed. It needs to be a federal law that is the same in each state. If it is left up to each individual state then people can move and take advantage of a lack of enforcement or even of laws. It is kind of a strech to connect this to commerce however it needed to be done so I support it.

1 comment:

dsandbo said...

I'm surprised there isn't more regulation on horses/their conditions of which there raised, but maybe there are. I think that congress is stretching its power a decent amount, but I agree that it's necessary to have laws regulating things such as this.