Post by
PoorManQ45 »
https://forums.nicoclub.com/poormanq45-u17729.html
Tue Nov 23, 2004 5:57 am
Tell me what you think of it so far.
The United States of America was declared an Independent Nation in 1776. The United States Constitution, which is now the document representing everything the nation stands for, was adopted in 1787. This document consisted of approximately 7500 words. Many people consider the constitution very vague. What these people do not understand is that the Constitution was intentionally written to be vague. The drafters did not want to be too detailed. They feared that writing an extremely detailed constitution would deny the citizens any rights that were not specified. Alexander Hamilton, one of the writers of the Constitution, argued that the Bill of Rights was too specific. He argued that specifying any rights at all would imply the absence of other rights. The writers of the constitution intended for the document to be a ?living? thing: meaning the constitution could be changed as future generations saw fit.
Now, we will step forward to present day legislation and regulation. In 1970, Congress passed the Occupational Safety and Health Administration (OSHA) Act. The safety of every worker ?To the maximum extent feasible? is the goal of OSHA. OSHA has over 4000 detailed regulations, dictating everything from the height of railings (42 inches) to how close fitting a protective mask should be. OSHA has done very little to improve worker safety, and that is because there is one large glaring fault in all of the regulations that are created. That is that the many regulations are extremely detailed, and leave no room for human judgment. At first glance, it would seem wise to have complete certainty in the law. ?During an inspection several years ago, an OSHA inspector noted that a worker wearing a dust mask had a beard, violating a rule that requires a close fit between face and mask. The dust was not heavy or of hazardous content, and, even when used over a beard, the mask filtered out most of what there was. However, the rule was clear and, like most rules, did not distinguish among different situations. Nor did it matter that the worker was Amish and faced the choice of abrogating his religious convictions by shaving his beard or quitting. He quit.? wrote Philip Howard. This is an excellent example of the shortcomings of OSHA. The rule was too detailed; it did not allow the inspector to consider the workers religion. ?The inspectors also spend a lot of time upstairs in the office looking at paperwork; Glen-Gery was recently cited because the wrong box was accidentally checked on some internal form. About 50 percent of all OSHA violations across the nation are for not keeping the forms correctly,? Howard writes. Glen-Gery has never had an incident related to any of the violations that the OSHA inspectors have found. The inspectors do not seem to consider this. Again, the regulations are too detailed.
The Environmental Protection Agency (EPA) passed a rule requiring that specific equipment be put in waste pipes to filter benzene, a harmful pollutant, Amoco Oil Company complied and spent $31 million at its Yorktown, Virginia, refinery. When a team from the EPA went to tour the Amoco refinery, they found that its precisely drawn regulation almost totally missed the pollution. The Amoco refinery was emitting significant amounts of benzene, but nowhere near the waste pipe. The pollution was at the loading docks, where gasoline is pumped into barges. Large quantities of benzene were escaping as Amoco pumped several hundred million gallons of gasoline every year into barges. The rule effectively did the opposite of what it was intended to do: it maximized the cost to Amoco while minimizing the benefit to the public.
The government laws and regulations are plagued by the absence of the one indispensable ingredient of any successful human endeavor: use of judgment. Since World War II, we have constructed a system of regulatory law that basically outlaws common sense. Modern law, in an effort to be ?self-executing,? has shut out our humanity.
Government is blinded by its own predetermined rules, entranced by the rationalists? promise that all can be set out before we get there. As the philosopher Michael Oakes observed, ?The Rationalist . . . does not merely neglect the kind of knowledge which would save him, he begins by destroying it. First, he turns out the light and then complains that he cannot see.?