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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
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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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