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The Chip Board Archive 03

There is a problem with your theory ...

... in this regard, John:

>> I'm willing to bet that many, many, many other numismatic items were not
>> mentiond; thus not writ into the HPA, but such items would still fall
>> under the HPA in court when considering their "association" with the items
>> mentioned.

That is, when the legislature takes the trouble of making a specific list of the items included in a statute, without making it clear that the list is not exclusive, courts generally limit the application of the law to the listed items.

Thus, by putting the specific list of items in this statute, Congress may have precluded its application to any other item which is not listed.

There is another, rather arcane, legal consideration -- what standard of review will apply if the law is challenged. In simple terms, for a law like this, the court will construe the statute very narrowly; that is, it will be given the least extensive application (as contrasted, for example, with public safety statutes, which will be given the broadest possible application).

----- jim o\-S

Messages In This Thread

Would this be wrong??? Don't Even Answer!
Re: Would this be wrong??? Don't Even Answer!
Re: I'll answer, anyway.
What do the Candidates say about Hobby Protection?
Re: What do the Candidates say about Hobby Protect
BIG "IMPORTANT" CORRECTION ? (Good Stuff
John, I'd be interested in ...
Re: John, I'd be interested in ...
Re: John, I'd be interested in ...
Re: John, I'd be interested in ...
"In exchange" means ...
Re: "In exchange" means ...
No "sides" here, JB ...
Re: No "sides" here, JB ...
Re: No "sides" here, JB ...
Re: No "sides" here, JB ...
Re: "In exchange" means ...
Re: "In exchange" means ...
I'd still rather hear from a legal ...
Glad that we heard from a Numismatist Expert.
This is a laudable purpose ...
Re: Sounds.....
Here's why the HPA does not apply ...
Re: Here's why the HPA does not apply ...
The government of Nevada cannot ...
Re: John, I'd be interested in ...
What the ANA considers "numismatic" ...
Re: Thank you for your interest, Gentlemen...
The successful use by David Ganz ...
Re: The successful use by David Ganz ...
"HOBBY PROTECTION ACT"
Re: The successful use by David Ganz ...
Thanks for sharing this information ...
Re: Thanks for sharing this information ...
Re: Thanks for sharing this information ...
Re: Thanks for sharing this information ...
There is a problem with your theory ...
Re: The successful use by David Ganz ...
Re: The successful use by David Ganz ...
Re: The successful use by David Ganz ...
The surest way for a lawyer to get ...
Re: The surest way for a lawyer to get ...
Re: The surest way for a lawyer to Jimmied
Re: The surest way for a lawyer to Jimmied
Re: The surest way for a lawyer to Jimmied
Re: The surest way for a lawyer to Jimmied
Re: The surest way for a lawyer to Jimmied
I don't doubt that there are ...
Re: I don't doubt that there are ...
A fake chip on a "wrong" color blank ...
It would be a whole different thing ...
Even better ...
Re: Even better ...
Re: Even better ...Peter
Superfluous statutory language ...
Re: Superfluous Me
And just exactly what depradations ...
Re: There wouldn't be depredations....
Ah, but think how easy harvesting ...
Re: Superfluous statutory language ...
Our Conflicts of Laws class was ...
Re: Superfluous statutory language ...
Are you sure Carl and Mel are not ...
Re: Jim + Gene, Please read the lead post...
If the chip was not "issued" by ...
The partial list of things I don't know ...
"inquire into the issue of lobbying"????
I feel like Brer Rabbit, with the HPA ...
Re: Thanks, Jim. You've made that very clear.
A very "lawyerly" choice of words ...
This is exactly what David Ganz said:
Now you're starting to get it, John ...
Re: Thanks for walking me through it.
The HPA also covers political pins ...
Actually more than just pins ...
Re: Actually would "include" a lot more
The language in the statute ...
Re: John, I'd be interested in ...
"Stretching the limits" ...
Re: "Stretching the limits" ...
Yes Mr. Borland... WRONG, WRONG, WRONG...

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