Rasputin_Vol
"Slava Ukraina"
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NBU: Fish vs. Men in the Supreme Court by Ayn Rand Institute: Thomas Bowden, 5/13/08
This case requires the Supreme Court to pretend that the welfare of wildlife can be incorporated into a legal system designed to protect the rights of man, said Thomas Bowden, an analyst at the Ayn Rand Institute. The best technology--for whom? Fish or men? There is no rational way for a court to balance a fishs interest in living against mans interest in producing electricity.
The Founding Fathers gave us a constitutional structure of checks and balances, including judicial review by the Supreme Court. But for such review to be rational, the court must apply an objective standard in each case. The highest such standard--the individual human beings right to life, liberty, property, and the pursuit of happiness--is implicit in the Founders recognition that to secure these Rights, Governments are instituted among Men.
By the standard of individual rights, any law purporting to protect wildlife from men would be struck down immediately, as a violation of mans right to sustain his life by exploiting nature. But Americas lawmakers have sunk to a level unthinkable to the Founders. Through such statutes as the Clean Water Act, the Endangered Species Act, and a variety of other environmental protection laws, Congress has conferred upon wildlife a legal status equal to men.
This creates an impossible dilemma for judges. If fish and men are equal before the law, whose welfare should prevail when their interests conflict? There can be no rational answer.