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Senate votes to ban Mexican trucks
AP via Yahoo! News ^ | Sep. 11, 2007 | Suzanne Gamboa

Posted on 09/11/2007 5:09:04 PM PDT by ruination

WASHINGTON - The Senate voted Tuesday to ban Mexican trucks from U.S. roadways, rekindling a more than decade-old trade dispute with Mexico.

By a 74-24 vote, the Senate approved a proposal by Sen. Byron Dorgan, D-N.D., prohibiting the Transportation Department from spending money on a North American Free Trade Agreement pilot program giving Mexican trucks access to U.S. highways.

The proposal is part of a $106 billion transportation and housing spending bill that the Senate hopes to vote on later this week. The House approved a similar provision to Dorgan's in July as part of its version of the transportation spending bill.

Supporters of Dorgan's amendment argued the trucks are not yet proven safe. Opponents said the U.S. is applying tougher standards to Mexican trucks than to Canadian trucks and failing to live up to its NAFTA obligations.

Until last week, Mexican trucks were restricted to driving within a commercial border zone that stretched about 20 miles from the U.S.-Mexican boundary, 75 miles in Arizona. One truck has traveled deep into the U.S. interior as part of the pilot program.

Blocking the trucks would help Democrats curry favor with organized labor, an important ally for the 2008 presidential elections.

"Why the urgency? Why not stand up for the (truck) standards that we've created and developed in this country?" Dorgan asked.

Sen. John Cornyn, R-Texas, who drafted a Republican alternative to Dorgan's amendment, said the attempt to block the trucks appeared to be about limiting competition and may amount to discrimination against Mexico.

"I would never allow an unsafe truck on our highways, particularly Texas highways," he said.

Under NAFTA, Mexico can seek retaliation against the U.S. for failing to adhere to the treaty's requirements, including retaining tariffs on goods that the treaty eliminates, said Sidney Weintraub, a professor emeritus at the University of Texas LBJ School of Public Affairs in Austin.

The trucking program allows up to 100 Mexican carriers to send their trucks on U.S. roadways for delivery and pickup of cargo. None can carry hazardous material or haul cargo between U.S. points.

So far, the Department of Transportation has granted a single Mexican carrier, Transportes Olympic, access to U.S. roads after a more than decade-long dispute over the NAFTA provision opening up the roadways.

One of the carrier's trucks crossed the border in Laredo, Texas last week and delivered its cargo in North Carolina on Monday and was expected to return to Mexico late this week after a stop in Decatur, Ala.

The transportation bill is S. 1789.


TOPICS: Breaking News; Business/Economy; Constitution/Conservatism; Government
KEYWORDS: 110th; aliens; cuespookymusic; icecreammandrake; illegalimmigration; immigrantlist; immigration; mexicantrucks; mexico; nafta; nau; sapandimpurify; shaftya; spp; trucking; unionthugs; votejohnedwards2008; worstcongressever
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To: flattorney

Oops. My reply should have been sent to Business Professor.Sorry.


661 posted on 09/12/2007 2:47:23 PM PDT by stimulant
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To: ruination

So, anyone, does that mean the Mexican trucks will unroll or just be defunded but still roll?


662 posted on 09/12/2007 3:29:29 PM PDT by floriduh voter (Terri Anti-Euthanasia Ping List: 8mmmauser DUNCAN HUNTER FOR PRESIDENT OF U.S.)
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To: George W. Bush

So, Cornyn’s a GOP coyote.


663 posted on 09/12/2007 3:30:27 PM PDT by floriduh voter (Terri Anti-Euthanasia Ping List: 8mmmauser DUNCAN HUNTER FOR PRESIDENT OF U.S.)
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To: Dane

Still spouting your support for the illegal alien lawbreakers I see.


664 posted on 09/12/2007 3:44:33 PM PDT by Leatherneck_MT (A nation of sheep will beget a government of wolves.)
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To: Ben Ficklin

>>Honest Judge, I didn’t know that foreign trade was illegal.<<

In general, it isn’t, but the DOT lying about running background checks on non-existent Mexican driver records is preposterous, and should be illegal.

It should be difficult for DOT to proceed without funding, if both houses override Bush’s veto and some idiot judge doesn’t start legislating.


665 posted on 09/12/2007 5:07:49 PM PDT by ding_dong_daddy_from_dumas (Illegals: representation without taxation--Citizens: taxation without representation)
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To: businessprofessor
You cannot ignore electibility.

I agree with a whole heart....yet at 56 years of age, I have limited votes to cast for my kids and grandkids....and every damn one will be based on honor and trust.....never again will my vote be based on party loyalty.....only fools do...

A dynamic example are those that vote democrat because their parents, friends, or union vote democrat. Putz...all of them...!

My party in Texas has left me....I did not leave this party...

I will vote the true conservative.....

666 posted on 09/12/2007 5:20:31 PM PDT by cbkaty (I may not always post...but I am always here......)
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To: anymouse
>>Sen. Cornyn is a former judge and Texas Attorney General. His opposition to this Democrat led legislation is that he understands the law.<<

Cornyn was one of the "good guys" who killed amnesty, so why is he supporting this boondoggle? He said that the Dorgan amendment would be overturned by the courts. We shall see. He said his own amendment "would have ensured that every single Mexican truck and operator entering the United States met every safety and identity requirement that U.S. trucks are required to meet." This statement is very misleading. Yes, you could look at any driver records that exist for mexican drivers, but since Mexican police extract bribes rather than issue a ticket, no significant records will exist except in extraordinary cases.

>>He knows that the stupid NAFTA treaty supersedes Congressional law, rightly or wrongly inspired. And stated that Mexico will be able to successfully legally exact retribution for the US violating terms of the NAFTA treaty.<<

NAFTA is not a treaty, (note: North American Free Trade Agreement) but "creative" judges who want to legislate may deem it to be.
667 posted on 09/12/2007 6:02:11 PM PDT by ding_dong_daddy_from_dumas (Illegals: representation without taxation--Citizens: taxation without representation)
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To: cbkaty
My party in Texas has left me....I did not leave this party...


668 posted on 09/12/2007 6:19:07 PM PDT by dragnet2
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To: servantboy777

the end times are near. Globalism will precede Satan posing as a “Savior” or “Being of Light” there will be short time of peace, and then all hell is gonna break out.


669 posted on 09/12/2007 6:20:02 PM PDT by Cinnamon
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To: cbkaty

Bravo! I like how you think.


670 posted on 09/12/2007 7:19:58 PM PDT by servantboy777
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To: Colorado Buckeye
I heard on the radio this morning that Bush has threatened to veto the transportation bill if it shows up with the Dorgan Amendment attached. This should be interesting

I would be LIVID. Sometimes I wonder why I even register with & vote for Republicans anymore.

671 posted on 09/12/2007 8:27:16 PM PDT by rb22982
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To: Jedidah

“John Cornyn is one of the good guys.”

Cornyn isn’t one of the “good guys”:

http://thomas.loc.gov/cgi-bin/query/z?c109:S.3622.IS:


672 posted on 09/12/2007 9:38:49 PM PDT by Infidel1571
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To: Infidel1571
For some reason, there’s no direct link available.

This is Cornyn’s S 3622, North American Investment Fund Act, or the “rob American citizens to fund Mexico” act.

673 posted on 09/12/2007 9:41:32 PM PDT by Infidel1571
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To: rb22982
I need to correct my misstatement about what I heard on the radio. I actually heard two statements, in the same news report, purportedly from the Administration.

Substantially they were: (1) The President would veto the transportation bill if it contained provisions for spending more than he had requested, as is apparently the case now; and, (2) The Administration is opposed to any restrictions on Mexican cross-border truck traffic.

My apologies for the error.

As for voting Republican, I concur; it can be very frustrating. It will not be easy to turn the Republican Party into an American party, but, I think we can do it. Our only other option is to build a new party which will supplant the Republicans.

674 posted on 09/12/2007 9:55:37 PM PDT by Colorado Buckeye (It's the culture stupid!)
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To: editor-surveyor; Mr J; gondramB; ruination; NapkinUser; Cinnamon; George W. Bush; F15Eagle; ...
Senator Cornyn stands for the right and for the sovereignty of the US. The sound bite (drive by) media can't be trusted to tell the truth.

However, you could have read this, from the article:

"Opponents said the U.S. is applying tougher standards to Mexican trucks than to Canadian trucks and failing to live up to its NAFTA obligations."
and
"Under NAFTA, Mexico can seek retaliation against the U.S. for failing to adhere to the treaty's requirements, including retaining tariffs on goods that the treaty eliminates, said Sidney Weintraub, a professor emeritus at the University of Texas LBJ School of Public Affairs in Austin."

The ban can't go anywhere without making us pay for breaking the North American Free Trade Agreement, signed by Clinton in 1993. The US has already been found in violation of the treaty with stalling in the past. If there's a way out of the treaty, that's what we need to do. Breaking treaies unilaterally and arbitrarily is not the way to go.
And, yes, as of this month, Mexico is reciprocating by allowing US trucks to travel in that country

After some research, I found more information. The searches at Thomas.gov expire after a few minutes, but here's Senator Cornyn's comments about the Treaty, from the Congressional Record, September 11, 2007, available at [Page: S11390]:

As my colleagues know, as I have just recounted, the United States is under a treaty obligation through NAFTA to open our interior to long-haul trucks from Canada and Mexico, just as they are required to open their highways to American truckers. I believe we should live up to our treaty obligations, and I say that even if I don't necessarily agree with them because they are, as a matter of fact, the law of the land, and whether I agree with it or the Senator from North Dakota agrees with it, once the matter is adopted as a treaty obligation of the United States, it is litigated not only by the NAFTA arbitration panel but by the Ninth Circuit Court of Appeals and the U.S. Supreme Court, and I think his opinion or mine about whether it is something we prefer to happen becomes pretty much a moot point if we are to be a nation of laws and respect the judgments of the courts, even if we don't happen to like it.

and

Many of the safety provisions included in the program the Department of Transportation has adopted, in fact, go well beyond what Congress has required to date. I am here today to have a real debate about safety and what we in Congress can do to take concrete steps to ensure the highest standards of truck safety.

The solution to me is simple, and it is embodied in my amendment, which we will have an opportunity to vote on. My amendment, for the first time, will make it U.S. law that every truck participating in the demonstration program must be inspected every 3 months to the same standard as U.S. trucks. Every driver entering this country under the program will have to verify compliance with safety requirements, and they would have to do so every time they entered the United States.

The Department of Transportation's inspector general will be required to certify soon after the program is fully implemented that the Department has, in fact, inspected every truck and verified every driver. This is the Department of Transportation of the United States Government; no other government. They must verify every truck inspection and verify every driver. If the inspector general of the Department of Transportation fails to certify such, then funding for this program will be automatically suspended.

Under this approach, for the first time, we will statutorily enshrine in American law the principle that we inspect and certify every Mexican truck that enters the United States through this program.

It is also worth noting that this will be the first time in the history of the program that there will be an actual congressional requirement for the inspector general to certify the program. Previously, Congress has only required the inspector general to review the program.

Finally, my amendment will require the administration to provide 60 days' notice to Congress should they wish to extend or otherwise continue the demonstration project. Such notice will give this body ample time to consider the merits of the program as implemented and what modifications, if any, we want to make.

By moving forward on a conditional basis with a threat of a full shutdown if the inspector general finds the program is noncompliant, we will further incentivize the Department of Transportation to strenuously enforce the safety inspection and verification requirements under this new law.

It is also worth noting that the Department has already taken a ``go slow'' approach--I am glad they have--planning to allow only up to 25 carriers per month into the program in the first 4 months. Even at the height of the program, the Department expects a maximum of 500 to 600 trucks to participate, compared to the millions of domestic and Canadian trucks that currently operate on our roads.

Here's the summary of the amendment proposed by Senator Cornyn:
00332 11-Sep H.R. 3074 On the Amendment S.Amdt. 2842 Rejected Cornyn Amdt. No. 2842; To ensure that every motor carrier entering the United States through the cross-border motor carrier demonstration program is inspected and meets all applicable safety standards established for United States commercial motor vehicles.

So, the Dems get to point to their votes and nothing happens - definitely not a legal requirement for regular checks and a shut down if the trucks fail.

675 posted on 09/12/2007 10:35:57 PM PDT by hocndoc (http://www.lifeethics.org/www.lifeethics.org/index.html)
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To: Paul Ross

Then let’s see Congress repeal the Agreement,not break in piece by piece.


676 posted on 09/12/2007 10:41:19 PM PDT by hocndoc (http://www.lifeethics.org/www.lifeethics.org/index.html)
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To: hocndoc

“Senator Cornyn stands for the right and for the sovereignty of the US. The sound bite (drive by) media can’t be trusted to tell the truth. “

Why does he want to spend give our money to Mexico with his “North American Investment Fund” idea?

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=51036

“As my colleagues know, as I have just recounted, the United States is under a treaty obligation through NAFTA to open our interior to long-haul trucks from Canada and Mexico, just as they are required to open their highways to American truckers.”

We are under no treaty obligation, as NAFTA was never ratified as a treaty.


677 posted on 09/12/2007 10:44:56 PM PDT by Infidel1571
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To: hocndoc

“Then let’s see Congress repeal the Agreement,not break in piece by piece.”

The Democrats agree with the Administration at heart. They’re just trying to score political points.


678 posted on 09/12/2007 10:46:47 PM PDT by Infidel1571
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To: Infidel1571

I’m not a lawyer. I’m certainly not knowledgable about international law. However, when 3 countries sign an agreement, when our legislators ratify it by whatever margin, that sounds like a contract or a promise. Our own courts have ruled against us.

As I said, this “ban” is so much paper and air. I sure wish a requirement that had a chance of standing in court, requiring inspection and the enforcement of standards had been passed.


679 posted on 09/12/2007 11:03:07 PM PDT by hocndoc (http://www.lifeethics.org/www.lifeethics.org/index.html)
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To: Dane; Spiff
Wow, Dane is back! I thought she was long gone.

Cheerleader Vidkun Dane is still leading the dwindling Aztlan parade on FreeRepublic!


"Mexican trucks! Mexican trucks! Mexican trucks!"

680 posted on 09/12/2007 11:07:32 PM PDT by NapkinUser (Tom Tancredo or Ron Paul in 2008!)
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