At 07:00 PM 7/29/97 -0700, you wrote:
>The edges of amateur radio bands are established by international treaty.
US Constitution, Article VI declares that treaties are the law of the land
> Amateur radio sub-bands are established by bureaucracies such as the
>FCC. Are the current FCC sub-bands reasonable?
Ask your congressperson to either intercede with the FCC or to propose
legislation to accomplish your purposes.
IMO, it's time for the American Radio Relay
>League and the FCC to butt out and let US decide how to best utilize the
>amateur radio bands--as happens to be the case on the 160m band.
Who is "US"? The FCC has been given the authority by Congress, pursuant to
Article I, Section 8 of the Constitution, to regulate telecommunications.
It might not be doing its job (in my opinion it probably pays too little
attention to amateur radio) but I suspect you know what the remedy is:
your US Representative, one of your senators (lots of luck) or a Federal
Court..
>
>>I'm confused, too. "Legal" requires a "law" defining what is legal.
>>If Part 97 isn't that law, what is?? %(
>
>Laws are made by your legally-elected representatives. Rules are made by
>bureaucrats. That's why the name is Part 97 Rules.
The basic organic law of the United States is the corpus juris called
Common Law and our Constitution. Congress passes laws which take effect
upon assent of the president (or upon its overriding a veto). The courts
make laws, some good and some bad. The Supreme Court found a right of
privacy in the Constitution (see Roe vs Wade), that a slave is not a
"person )see the Dred Scott case) and that it has the power to declare an
Act of Congress unconsitutional (see Marbury vs Madison). The Dred Scott
case was overturned by the XIVth Amendment and the Civil War, but all these
decisions became the law of the land, at least for a while.
Administrative agencies, such as the National Labor Relations Board, the
Federal Trade Commission and the Federal Communications Commission issue
rules and regulations which have the force of law. And these rules will be
enforced by federal courts unless they violate the statute creating the
agency, an Act of Congress, the Constitution or an accepted doctrine of
Comon Law.
Rich, you've forgotten more about electronics than I'll ever know but an
observation: you don't know doodley squat about the way your country
functions.
73
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