Anakin Skywalker is a businessman, who manufactures coffee tables. His business was rather successful until August 2013. In August 2013, the Environmental Protection Agency adopted several regulations on standards of coffee tables. The point is that before August 2013, Anakin was manufacturing unique coffee tables, which could become invisible due to their glass top. However, new regulations prohibited glass tops. The Environmental Protection Agency stated that such tops were dangerous. Obviously, Anakin was afraid of being arrested. This would influence his reputation among old customers, and distract new customers from addressing to him. In this essay, I will try to prove that Anakin cannot be arrested. If he is arrested, I will provide arguments to his protection.
Question One
No. Having followed one of the hyperlinks, provided by the Environmental Protection Agency, Anakin read that a manufacturer, who violates the regulations would be imprisoned for ten days and fines for five thousand dollars. As I have already mentioned, Anakin began to fear to be arrested. The regulations take effect on August 13. However, since that time Anakin have produced five tables already. Although, I should mention that Anakin has nothing to fear. The representatives of the Environmental Protection Agency has no right to arrest him. According to the United States of America laws, any person cannot be arrested without a warrant. Obviously, there are some exceptions, when a peace officer or a citizen can arrest an offender. However, Anakin’s case is not the exception. Moreover, if the representatives of the Environmental Protection Agency come to arrest Anakin Skywalker, they will violate the fourth Amendment of the Constitution of the United States of America. Moreover, there is no legal reason that Anakin Skywalker can be arrested.
Question Two
Yes. Let us assume that Anakin Skywalker has been arrested. On the web site of the Agency, Anakin read that an individual could file a complaint in the adjudicatory department. However, such departments may delay hearing the case. The Environmental Protection Agency has been created by the Congress of the United States of America. Hence, Anakin should file a complaint against the state. Every case against the state or state representatives (such as the President) is heard in the Supreme Court. In this case, as Anakin lives in Endor, California, he should address to the Supreme Court of California. If the Supreme Court of California does not help to solve the issue, Anakin Skywalker should address to the Supreme Court of the United States of America – the court of the last resort. Anakin’s barristers can provide several facts to protect the client. The Environmental Protection Agency was formed to protect the environment for people of the United States of America. However, there is no clear reason, why coffee tables with glass tops should be banned. Moreover, the Environmental Protection Agency did not conduct any research to prove that coffee tables with glass tops were dangerous. Another reason is that the regulations were passed through notice and comment.
Question Three
On the contrary, the Environmental Protection Agency could provide the research that does prove that coffee tables are dangerous. Moreover, the regulations have been included into the Federal Register. Hence, they have judicial power. Another reason is that Anakin knew nothing about the coffee tables ban. Ignoratia legis no excusat (ignorance of the law is no excuse). This can become the main reason in the Environmental Protection Agency’s defense.
Resources:
Federal Register. Legal status. n.d. Web. Feb 19 2014
The United States Constitution. 2014. Web. 19 Feb 2014
