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TX Representative Figures Out That Banning Light Bulbs MIGHT Not Be Constitutional

I underestimated the Congress critters. Although this might be an accidental rubbing of two braincells together, producing a thought of Constitutionality, I really thought that most were working with only a brain stem on this issue.

When Congress passed the Energy bill last December, one of the items in it was the mandatory purchasing of florescent light bulbs. No longer would free people be allowed to choose how to light their house. That was decided by the collective. Rep. Ted Poe, (R-Texas), woke up yesterday and said, “We did what?

Rep. Ted Poe, R-Texas, says his objection is very basic – the Constitution doesn’t authorize Congress to do anything remotely like banning a product that has been used safely and efficiently for more than 100 years in favor of Chinese-imported compact fluorescent light bulbs that pose considerable health and safety risks.

Poe cited the dangers associated with CFLs, which carry small amounts of mercury that can enter the environment through breakage and disposal. He also objected to reliance on the CFL alternatives when, currently, all are made in China.

One of the problems Poe mentions in clean up. Have you ever read anything about how to clean up a CFL if you accidentally break one. You might as well call a Haz-Mat team. Via Energy.gov (pdf):

How should I clean up a broken fluorescent bulb?

Because CFLs contain a small amount of mercury, EPA recommends the following clean-up and disposal
guidelines:

  1. Before Clean-up: Air Out the Room
    • Have people and pets leave the room, and don’t let anyone walk through the breakage area on their way out.
    • Open a window and leave the room for 15 minutes or more.
    • Shut off the central forced-air heating/air conditioning system, if you have one.
  2. Clean-Up Steps for Hard Surfaces
    • Carefully scoop up glass fragments and powder using stiff paper or cardboard and place them in a glass jar with metal lid (such as a canning jar) or in a sealed plastic bag.
    • Use sticky tape, such as duct tape, to pick up any remaining small glass pieces and powder.
    • Wipe the area clean with damp paper towels or disposable wet wipes. Place towels in the glass jar or plastic bag.
    • Do not use a vacuum or broom to clean up the broken bulb on hard surfaces.
  3. Clean-up Steps for Carpeting or Rug:
    • Carefully pick up glass fragments and place them in a glass jar with metal lid (such as a canning jar) or in a sealed plastic bag.
    • Use sticky tape, such as duct tape, to pick up any remaining small glass fragments and powder.
    • If vacuuming is needed after all visible materials are removed, vacuum the area where the bulb was broken.
    • Remove the vacuum bag (or empty and wipe the canister), and put the bag or vacuum debris in a sealed plastic
      bag.
  4. Clean-up Steps for Clothing, Bedding, etc.:
    • If clothing or bedding materials come in direct contact with broken glass or mercury-containing powder from inside the bulb that may stick to the fabric, the clothing or bedding should be thrown away. Do not wash such clothing or bedding because mercury fragments in the clothing may contaminate the machine and/or pollute sewage.
    • You can, however, wash clothing or other materials that have been exposed to the mercury vapor from a broken CFL, such as the clothing you are wearing when you cleaned up the broken CFL, as long as that clothing has not come into direct contact with the materials from the broken bulb.
    • If shoes come into direct contact with broken glass or mercury-containing powder from the bulb, wipe them off with damp paper towels or disposable wet wipes. Place the towels or wipes in a glass jar or plastic bag for disposal.
  5. Disposal of Clean-up Materials
    • Immediately place all clean-up materials outdoors in a trash container or protected area for the next normal trash pickup.
    • Wash your hands after disposing of the jars or plastic bags containing clean-up materials.
    • Check with your local or state government about disposal requirements in your specific area. Some states do not allow such trash disposal. Instead, they require that broken and unbroken mercury-containing bulbs be taken to a local recycling center.
  6. Future Cleaning of Carpeting or Rug: Air Out the Room During and After Vacuuming
    • The next several times you vacuum, shut off the central forced-air heating/air conditioning system and open a window before vacuuming.
    • Keep the central heating/air conditioning system shut off and the window open for at least 15 minutes after vacuuming is completed.

Poe also did something that warmed my heart. He pulled out the Constitution (not the original, that would be stupid), and actually referenced it:

“Madam speaker, I have a Constitution here, like most members of Congress,” Poe said. “I carry it with me, I’ve read it through and through but I don’t see anywhere in the U.S. Constitution where it gives the government the right to control the type of light bulbs used in Dime Box, Texas, or anywhere else in the United States.”

Exactly Congressman. Now, let’s talk about ethanol subsidies (any subsidies for that matter), foreign aid, the Department of Education, Department of Energy, FEMA…this is a pretty extensive list. You might want to sit down.

Hat Tip: Say Anything Blog via Boortz

Duane Lester is an ex-Navy journalist turned blogger and podcaster. He is the lead writer and editor for All American Blogger. You can also find him on StumbleUpon, Facebook, Twitter, LinkedIn, Blog Talk Radio and Newsvine. You can contact him by clicking the "E-mail this Author" button below.
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