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JUDGE: AMERICANS DONíT HAVE RIGHT TO DRINK COW MILK
Fox News Radio ^ | 10/06/2011 | Todd Starnes

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 ...


TOPICS: News/Current Events
KEYWORDS: americans; judge; rights
Another gutless judge.
1 posted on 10/06/2011 1:38:07 PM PDT by antidemoncrat
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To: antidemoncrat

Gutless? That’s probably not the body part that is missing.


2 posted on 10/06/2011 1:42:27 PM PDT by vladimir998
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To: antidemoncrat

Where, in the Constitution, is that right excluded?


3 posted on 10/06/2011 1:49:33 PM PDT by Darteaus94025
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To: antidemoncrat

Someday, you’ll have to have a permit to drink water. Control, control, control.


4 posted on 10/06/2011 1:49:44 PM PDT by RC2
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To: antidemoncrat

I guess this is what we get when we allowed the communists to take over our institutions of learning and law.


5 posted on 10/06/2011 1:49:59 PM PDT by Dogbert41 (http://www.durban3nyc.com/. Go there and learn what those who seek to destroy Israel are up to)
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To: antidemoncrat

So now the EPA is zotting dair farms? I will be so glad when President Cain eliminates the EPA!


6 posted on 10/06/2011 1:50:05 PM PDT by Paperdoll (I like Herman Cain!)
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To: antidemoncrat
Another STUPID liberal activist judge. The Constitution doesn't grant rights, it places limits on the government to incur on rights that already exist.

The first thing that needs to be done by a conservative Congress is to force all members of the judiciary to take a test on the Constitution and what it does and does not say. Any judge who believes that the Constutiion gives rights to citizens should be summarily impeached and removed from the bench for being incompetent to hold office.
7 posted on 10/06/2011 1:51:24 PM PDT by Sudetenland (There can be no freedom without God--What man gives, man can take away.)
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To: Sudetenland

Stupid brain . . . that should have been “encroach” not “incur.”


8 posted on 10/06/2011 1:53:24 PM PDT by Sudetenland (There can be no freedom without God--What man gives, man can take away.)
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To: antidemoncrat

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.


9 posted on 10/06/2011 1:53:31 PM PDT by Ancesthntr (Bibi to Odumbo: Its not going to happen.)
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To: antidemoncrat
"These are times which try men's souls."

ML/NJ

10 posted on 10/06/2011 1:54:48 PM PDT by ml/nj
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To: antidemoncrat

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.


11 posted on 10/06/2011 1:57:12 PM PDT by ModelBreaker
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To: antidemoncrat

It’s time the American people stood up the these ^$$hole judges ...a little Tar, some Feathers


12 posted on 10/06/2011 2:14:47 PM PDT by jrd
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To: antidemoncrat

Incredible...And yet...we continue to tolerate this crap...


13 posted on 10/06/2011 2:18:36 PM PDT by WKUHilltopper (And yet...we continue to tolerate this crap...)
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To: antidemoncrat

And Americans still think they live in a free nation. Sorry folks but that boat left the dock well over a century ago.


14 posted on 10/06/2011 2:25:08 PM PDT by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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To: Sudetenland

you are going to have to pay for that mistake /s


15 posted on 10/06/2011 2:33:27 PM PDT by Ratman83
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To: Paperdoll

>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.


16 posted on 10/06/2011 2:33:48 PM PDT by 353FMG (Liberalism is Satan's handiwork.)
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To: 353FMG

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.


17 posted on 10/06/2011 2:42:22 PM PDT by Paperdoll (I like Herman Cain!)
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To: Ancesthntr

“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.


18 posted on 10/06/2011 2:43:16 PM PDT by GGpaX4DumpedTea (I am a tea party descendant - steeped in the Constitutional legacy handed down by the Founders)
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To: Paperdoll
So now the EPA is zotting dair farms? I will be so glad when President Cain eliminates the EPA!

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.

19 posted on 10/06/2011 2:43:44 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Sudetenland

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?


20 posted on 10/06/2011 2:46:51 PM PDT by CaptainAmiigaf (NY TIMES: "We print the news as it fits our views")
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To: antidemoncrat

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.


21 posted on 10/06/2011 2:49:54 PM PDT by q_an_a (the more laws the less justice)
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To: jrd

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?


22 posted on 10/06/2011 3:02:19 PM PDT by animal172 (Please Lord. Come get the liberals.)
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To: antidemoncrat

Do I have a “right” to drink whiskey?

Do I have a “right” to drink orange soda?


23 posted on 10/06/2011 3:04:25 PM PDT by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
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To: antidemoncrat
Whazza madda? He got something against fresh whole milk? Yummy!


24 posted on 10/06/2011 3:05:00 PM PDT by Ruy Dias de Bivar (Click my name. See my home page, if you dare! NEW PHOTOS & PAINTINGS)
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To: antidemoncrat

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”.


25 posted on 10/06/2011 3:16:57 PM PDT by varyouga
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To: CaptainAmiigaf

Are any of those “rights” expressly forbidden?


26 posted on 10/06/2011 3:21:31 PM PDT by Sarajevo (Is it true that cannibals don't eat clowns because they taste funny?)
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To: antidemoncrat

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.

http://www.uac.arizona.edu/VSC443/farmzoodisease/farmzoo03.html

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!


27 posted on 10/06/2011 5:11:12 PM PDT by familyop ("Don't worry, they'll row for a month before they figure out I'm fakin' it." --Deacon, "Waterworld")
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To: antidemoncrat

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)?

http://www.uac.arizona.edu/VSC443/farmzoodisease/farmzoo03.html


28 posted on 10/06/2011 5:15:22 PM PDT by familyop ("Don't worry, they'll row for a month before they figure out I'm fakin' it." --Deacon, "Waterworld")
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To: blam

Complement to the No-Berry-Picking-In-England-Story Ping.


29 posted on 10/06/2011 5:55:53 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: DuncanWaring; little jeremiah
"Complement to the No-Berry-Picking-In-England-Story Ping. "

Yup.

We'll have to shoot our way out of this government control.

30 posted on 10/06/2011 6:42:00 PM PDT by blam ((Deliberate Cruelty Is The Worst Of Human Offenses - Kenko))
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To: antidemoncrat
I have mixed thoughts on this.

Pro


31 posted on 10/06/2011 7:32:25 PM PDT by DannyTN
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To: blam

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.


32 posted on 10/06/2011 8:03:01 PM PDT by little jeremiah (We will have to go through hell to get out of hell.)
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To: DannyTN

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.


33 posted on 10/06/2011 8:05:21 PM PDT by little jeremiah (We will have to go through hell to get out of hell.)
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To: familyop

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.


34 posted on 10/06/2011 8:09:00 PM PDT by little jeremiah (We will have to go through hell to get out of hell.)
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To: little jeremiah
"Anyone buying raw milk can boil it and drink it as safely as a baby drinking milk from their mother’s breast."

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?


35 posted on 10/06/2011 8:23:42 PM PDT by DannyTN
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To: DannyTN

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.


36 posted on 10/06/2011 10:27:06 PM PDT by little jeremiah (We will have to go through hell to get out of hell.)
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To: little jeremiah
"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.
"

Agreed. Proper vaccinating and sanitary procedures are already stringent for producers who have dairy company trucks pick up milk, and those are not very expensive for do-it-yourself-ers. Why not pasteurizing and all for small operations, with the procedure requiring such little heat and short durations? It appears that regulatory tyranny has once again gotten in the way of what the market could have provided (reasonably priced, small scale equipment).


37 posted on 10/07/2011 11:43:38 AM PDT by familyop ("Don't worry, they'll row for a month before they figure out I'm fakin' it." --Deacon, "Waterworld")
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To: little jeremiah

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.


38 posted on 10/07/2011 12:01:05 PM PDT by familyop ("Don't worry, they'll row for a month before they figure out I'm fakin' it." --Deacon, "Waterworld")
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To: familyop

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.


39 posted on 10/07/2011 12:46:41 PM PDT by little jeremiah (We will have to go through hell to get out of hell.)
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