Kohl’s PACT Act Constitutionally Challenged
PACT Act: The U.S. Postal Service is prohibited from delivering cigarettes and smokeless tobacco products through the U.S. Mail to consumers.
Retailers that sell cigarettes [defined as anything but cigars] and smokeless tobacco products over the Internet must collect state cigarette taxes, smokeless tobacco taxes, and sales taxes and pay those taxes to the states where the customer who is purchasing the tobacco products resides. (gee, could it be about TAXES??? Not “Terrorism” as Kohl claimed in his response to me?)
Internet retailers must verify the age of the individual purchasing cigarettes and smokeless tobacco products to prevent underage youth from buying these products.
See any contradictions?
And there’s also the following that hardly improves on the contradiction:
The new mailing policy limits tobacco shipments so that only individuals can ship tobacco to other individuals via express mail in the form of 10 ounce packages, and only 10 such shipments can be made every 30 days.
Those wanting to ship tobacco must be prepared to provide verbal confirmation that the package is intended for a person over the age of 18 and, when it arrives, the recipient must confirm their age and verbally confirm that it was sent by someone 18 or older. (source: http://yuma.usmc.mil/desertwarrior/2010/07/08/feature5.html)
This has most noteably hurt Indian Reservations whose tribal laws have been preempted across the country. Many have been forced to close. If they now must report their sales to each state for tax purposes they have undoubtedly lost their customers:
- The federal Bureau of Alcohol, Tobacco, Firearms and Explosives will have new authority to inspect records and inventories of Internet tobacco sellers to make certain that Internet sellers comply with the new regulations. Violations of any provision of the PACT Act will now be a felony. (FOR SENDING A LEGAL PRODUCT VIA MAIL!!!)
View a slightly more detailed (yet not too confusing) explanation of the results of this Act.
What was most interesting though were the remarks by the Postal Service upon the bill’s passage:
“Enforcement will be difficult,” said Gerry McKiernan, a spokesman for the Postal Service. Because of privacy laws, “Priority Mail is sealed from inspection. All first-class mail is sealed from inspection. I don’t really know how it’s going to work,” McKiernan said.
Law enforcement agencies, of course, could get involved, McKiernan noted. [At that time the ATF said it could not comment on "pending legislation."]
The Native Americans are not taking any of this sitting down (Go, Natives, GO!!!). Whether or not they are still considering it, the idea of starting up their own shipping system was an option being discussed. But the most recent – and some will say exciting – development is the court granting a temporary stop to the PACT Act for the NY Seneca nation due to a constitutional challenge:
Federal Judge Grants Temporary Stop to Measure for Silver Creek Entrepreneur
The Post Journal – June 29, 2010
And this costly (postage rates will soar) and destructive (jobs are lost, more damage to a suffering economy) PACT Act, which our own money-grubbing Senator Kohl was behind, truly does sound unconstitutional, so we’re pulling for our Native Americans to “reign supreme” on this one. After all, it’s “we the citizen’s” who pay for our postal service. Why on earth can’t we mail something totally legal??




