RDK said:
Is it serving the citizens of a country to close their international markets to trade thus keeping the jobs at home or is it to open their markets to other countries thus allowing their citizens opportunities in the export markets and the advantages of lower prices for goods and services?
Nobody wants to close the markets. We want to ensure that nobody can subvert our established standards and practices, for the sake of "saving a buck." If anyone can meet the requirements, I see no reason to limit anyone.
RDK said:
You can argue that either position is serving the needs of the citizens. Economists for the vast majority believe that the advantages of free trade outweigh the negative consequences of free trade and that the population is better served by having open markets.
Free trade is good. But we are SUPPOSED to have a system of checks and balances in this country, that hasn't worked properly for about 200 years.
It's hard to argue the benefits of a properly implemented free trade agreement. But it's something that needs to be planned, and implemented gradually, over time. (so as not to interrupt the stable flow of any single economy, and allow time to adjust, without the "squabbles")
And, of course, no single branch has the power (theoretically) to run roughshod over state law, so long as it doesn't violate the Constitution. In case you don't follow American current events, we have a real problem in our country with judicial activism, and both legislative and executive branches overstepping their bounds. Need I say more about the subject in light of that?
RDK said:
George Bush, with whom I disagree on almost every other issue, supports free trade.
Unnecessary ideology, to be sure. But thanks for sharing.
RDK said:
The sub message is that international agreements must be subordinate to US domestic law. This issue is a red herring. International agreements, such as NAFTA, are laws agreed to and ratified by your Congress. They are the law of the USA as well as being agreements between two or more sovereign countries.
No, the underlying message is that signed agreements must not clash with existing US law, in ANY form, whether it be state or federal. The same should be true for the laws of any nation that is signatory. (or what good is sovereignty?)
In this particular case, NAFTA did not affect the way that states license and regulate engineering practice, and that's a good thing.
How can you say that the US should be held accountable to the treaties that it signs, and not also agree that the federal government must not interfere with the power that has been granted to the states since the inception of the country? That's a double standard.
RDK said:
What we have here is a case where the laws passed implementing NAFTA is at odds with the laws of the individual states. I understand about state rights but am at a loss to understand how the side that lost the Civil War (which was about states rights) and had to give up their slaves, somehow still has so much power in US politics.
I don't think there is a discrepancy. From what I've read, I still don't think the concept of PE is being properly understood.
Oh, and if you can't understand the idea that the states still hold the same power that they always did, it might help to understand the concept of a Democratic Republic. The US is not a democracy, as is so frequently attributed. The Civil War did nothing to diminish states rights. It was an argument over some particular issues, and what role the federal government had in enforcing them. That was much more of a Constitutional issue. (and it may be that the federal government overstepped its bounds in not allowing secession of the Southern states - not a discussion for this board, though)
RDK said:
If the US has not got the power to force the individual states to grant mutual recognition to Canadian and Mexican licenses then why did they negotiate language supporting this into the agreement?
Do you just want to work as an engineer in the US? Because if that's the case, you've got no issue, here. If you want to be a Licensed Professional Engineer, that's a different story. It's just not an apples to apples comparison, in this case.
RDK said:
As for the counter argument that why did Canada agree to this clause when they knew or should have known that the US federal government lacked the authority to implement it I can offer two possible answers. They felt that it was a good agreement even without the mutual recognition or they were incompetent idiots. Take your pick.
Option 3 - They knew that more Canadians and Mexicans would flock to the US, than the other way around, and didn't want to try to fight an uphill battle to change laws that work the same for everyone in the US.
Option 4 - Everyone knew that NAFTA was primarily drafted at the behest of certain US industries who wanted cheap labor, and they wanted it immediately. (in other words, an oversight, or deliberate malfunction for you)
RDK said:
Bottom line is that both Canada and Mexico were willing to grant mutual recognition to US PE’s provided that the US was willing to grant the same rights to Canadian and Mexican engineers. Out of all the states only Texas as far as I know actually issued PE’s on the basis of P.Eng’s and as of 1 Jan 06 they stopped this practice.
Here's a link. This document is from the Texas Attorney General's office, to the Texas Board of Professional Engineers. I think that this letter is especially pertinent in this conversation, because for once, we actually have the input from an actual attorney, and a relatively high ranking one, at that. Please pay attention to the part where the Attorney General's office states,
Nothing in NAFTA allows Canadian or Mexican professionals to practice a licensed profession in the United States without meeting state licensing criteria and receiving such licenses, nor requiress change in state certification or licensing procedures, other than elimination of citizenship or permanent residence requirements.
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