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CPSIA and what it means to us at Valerie's Living Books

Congress refuses to reconsider the Consumer Safety Improvement Act of 2008 [CPSIA], which requires that older children's books containing traces of lead not be marketed to parents or teachers for children's use. Congress overreacted and doesn't have the collective humility to remedy this outrage. 

We believe that tiny traces of lead in older children's books are harmless. Data recorded by the Center for Disease Control, the National Institutes of Health and the National Library of Medicine reveal not a single instance of any child ever poisoned or harmed by a book. Since we at Valerie's Living Books do not have access to a $40,000 hand-held X-ray machine, we have no idea which of our children's books might contain a trace of lead, if any at all.

Valerie's Living Books has been built on the premise that good parents will always tend to seek the best for their children. We care very much about children and are concerned for their safety, Here, we're cautious in our use of swimming pools and automobiles, but we're not at all reluctant to provide thousands of good books for them to read. We believe that ready access to a generous library of top quality books is positively and unequivocally good for our children, and we intend to continue to share the joy of well-written, beautifully illustrated older children's books with as many other families as possible.

We'll find the best books that we possibly can, and we'll trust you to use them wisely.

We're thankful that our Founding Fathers anticipated laws like CPSIA. The First Amendment of the Constitution includes the words, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press." We at Valerie's Living Books understand that the Supreme Court of the United States of America has repeatedly ruled on the First Amendment, as follows:

[1] Any restriction on the distribution and sale of children's literature must be genuinely content-neutral, not only in intent but in effect. While CPSIA is content-neutral on its face, it restricts children’s access to older, more conservative, ”traditional” American thought. Courts have made it clear; restrictions that are not genuinely content-neutral in effect are unconstitutional.

[2] Any restriction on the distribution and sale of children's literature must be narrowly tailored to serve a significant government interest in the least restrictive way. The evidence if overwhelming that the application of CPSIA to children's books was unintentional. It's impossible to find significant government interest in this ridiculous mistake.

Good books are good for kids. CPSIA fails both constitutional tests. We hope that you will call your senators and representatives and let them know that you have no intention of letting congressional foolishness deprive your children of the very best literature that you can find for them.

 Valerie's Living Books markets outstanding children's books to parents, grandparents and teachers. We'll make our favorite children's books available to you. What you do with them is--this is America--your own business.

The most esteemed reference, the legal encyclopedia American Jurisprudence states, "The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it; an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed ... An unconstitutional law is void." 

Regarding well-written, beautifully illustrated older children's books, which have served us, our parents, and our grandparents so well and so generously over the years, CPSIA is clearly unconstitutional, inoperative and void.

The Constitution clearly protects our children's right to obtain information.
CPSIA is not the highest law of the land, and we here thank God for that.

And so....
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