Skip to comments.JUDGE: AMERICANS DONíT HAVE RIGHT TO DRINK COW MILK
Posted on 10/06/2011 1:38:02 PM PDT by antidemoncrat
However, the judge would not rule that the plaintiffs have any Constitutional rights to own a dairy cow, consume milk from their own cow, board a cow at the farm of another farmer, or produce and consume the foods of their choice.
(Excerpt) Read more at radio.foxnews.com ...
Gutless? That’s probably not the body part that is missing.
Where, in the Constitution, is that right excluded?
Someday, you’ll have to have a permit to drink water. Control, control, control.
I guess this is what we get when we allowed the communists to take over our institutions of learning and law.
So now the EPA is zotting dair farms? I will be so glad when President Cain eliminates the EPA!
Stupid brain . . . that should have been “encroach” not “incur.”
I’m an attorney, though an Estate Planner and not an expert in Constitutional law.
However, while I was in law school, a professor of mine who WAS an expert said that our rights could be summed up as follows:
“That which is not expressly forbidden is permitted.”
Think about it, it is true - our government was set up in the Constitution as a servant of the people, with certain defined powers. Those powers NOT delegated to the federal government belong to either the states or the people, AS SPECIFICALLY STATED IN THE 10TH AMENDMENT:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
OK, so what if some idiot judge (like the one in this case) tries to go through the back door and says, “Oh, but there’s nowhere in the Constitution or the Bill of Rights saying that any individual has [for example] the right to own a milk cow or to consume cow’s milk, so you therefore don’t have those rights.” Well, I call BS on that (that’s a technical legal term, BTW), since the 9th Amendment clearly states:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
Those 2 amendments, which have never been repealed or modified, and which were ratified by the founding generation of state legislators after having been passed by the 1st Congress (many of whom had signed the Constitution itself only 4 years earlier) make it VERY clear that our government only has those powers specifically granted to it by the people, and that either the states or the people retain ALL rights and powers not specifically delegated to the federal government (whether or not such rights, such as the right to own a cow and to drink its milk) are otherwise mentioned in the Constitution as being protected from federal limitation or regulation of any kind.
This judge should not only be impeached, he should be disbarred.
This is a state regulation. I don’t know of any provision in the US constitution that forbids a state from prohibiting its citizens from consuming a particular food item. I don’t know what the WI constitution provides.
But I don’t find a right to drink unpasteurized milk in the US constitution. I don’t think it’s even close. So on a quick reading of the article, I think the judge ruled correctly (barring the WI constitutional issue).
That said, it’s a stupid law and I hope the citizens of WI redress that in the next election.
It’s time the American people stood up the these ^$$hole judges ...a little Tar, some Feathers
Incredible...And yet...we continue to tolerate this crap...
And Americans still think they live in a free nation. Sorry folks but that boat left the dock well over a century ago.
you are going to have to pay for that mistake /s
>I will be so glad when President Cain eliminates the EPA!<
Don’t be disappointed if he doesn’t — politicians (I know, Cain is not a politician) have always had to rely on giving the electorate promises. How else can they get votes?
Will he also make this country energy independent and tell the ME to drink their oil? If so, sign me up.
well, being a very bright and conservative business man, Ithink if anyone would get rid of the EPA, Herman Csin would keep his promise. And as a true Christian I think he would not make a promise he didn’t intend to keep.
“This judge should not only be impeached, he should be disbarred.”
This judge should be forced to drink a gallon of PASTURIZED cows milk every day until he dies prematurely because of this ‘poison’ non-milk produced by the ‘legal’ dairy industry.
This was a Wisconsin state law against unpasteurized milk. A stae legislature can do just about anything it claims is for the protection of public health, unless the federal constitution specifically prohibits the state from doing it. There is nothing in the Bill of Rights about milk, so this judge is right. The law is stupid, but don't expect a federal court to strike it down.
Where in the United States Constitution are we given the “RIGHT” to:
a. Drive an automobile
b. Watch television
c. Own our own home
d. use and own a computer
e. go to the movies
NONE of these rights are SPECIFICALLY enumerated in the Constitution are they? I read it twice and couldn’t find them.
How much did that Judge contribute to the appointer?
this is another CROCK story - a bunch of folks made up a racket - joint ownership in a farm in order to buy milk from themselves, when in fact they are consumers who are trying an end around the law. It may be a stupid law, but this is not about a guy can’t drink the milk his cows produce.
Maybe it’s time we as citizens just said, “no”. Not going to do it. Come get me. put me and put me in jail. Are there enough jails for all of us? Or are we too wimpy to stand up?
Do I have a “right” to drink whiskey?
Do I have a “right” to drink orange soda?
It all began when the government started controlling what chemicals or plants one could voluntarily and privately ingest. They took an emotional issue to get their foot in the door.
Of course, the next logical step is control of transfats, salt, other fats, raw foods, etc, etc, etc.
Don’t worry comrade, we’re making a healthier and safer world “for the children”.
Are any of those “rights” expressly forbidden?
Granted, there’s not much risk to people, if cows are tested for bangs. But look at the minimum temperature duration and time for pasteurizing milk.
It’s not much, and I don’t see why small dairies selling direct to customers couldn’t do it. Push for that instead of fighting against pasteurization, and compete!
Oops...vaccinated for bangs, and proper sanitary procedures followed. And yes, why not pasteurization for small dairies that want to sell direct to consumers (see low minimum temps and durations)?
Complement to the No-Berry-Picking-In-England-Story Ping.
We'll have to shoot our way out of this government control.
Note my new tagline.
They want us to (a) starve to death, (b) be utterly dependent on them, (c) be so dis-spirited that we’re ready to volunteer for assisted suicide sooner rather than later.
Banning raw milk is freaking insanity. You know how many people get sick and die from undercooked MEAT????? Why not outlaw selling raw meat???
Anyone buying raw milk can boil it and drink it as safely as a baby drinking milk from their mother’s breast.
I assume that regulations governing dairies vary from state to state. I’ve known a number of people around here who keep goats, but can’t sell milk legally, because the regulations are such that unless a person has a big herd than can’t be followed - too expensive. So people with a dozen or less milking animals (or even more than that) can’t possibly legally sell milk.
That’s just not right.
So are they buying raw milk to pastuerize it themselves? Or are they buying raw milk to drink it raw?
And if they are buying it to drink raw, then what's the real science? Was the hoopla about pasteurization in the 1800's just that, or was it a real improvement in the health of people? Are the claims for raw milk being healthier than pasteurized real or fraudulent?
The FDA statements on raw milk make a compelling case. Are they truthful?
If people want to drink raw milk, that’s their business. The dangers are highly exaggerated.
How many people die or get sick from meat tainted with e-coli? I don’t know the numbers but it’s much higher than most people think. Or salmonella - it’s in tons of meat.
The war against raw milk is stupid and evil. Human life has risk. So be it.
True on the exaggerations. I’ve lived in communities where most people drank raw milk in the past. The dairy farmers did have their cows vaccinated for bangs and followed sanitary procedures (disinfecting nipples before milking, etc.). ...no cases of fevers, etc., that I knew of. Several of the rare dangers, BTW, are same/similar to those of bad water or contaminated meat (fecal contamination, strep, etc.). Meat is not required to be cooked before going to supermarkets, and many restaurants will push virtually raw meat dishes to tables, throwing fits about customer requests for cooking.
We get gobs of regulations against small business starts on the one hand and Malthusian propaganda and medical costs on the other.
All your points are good. It seems that gov regulation of foods and food producers is not really for “safety” but to squelch small producers and favor large ones.
That is evil.