Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Feds Can Tell Ernest Hemingway's Cats What To Do; Here's Why [Totalitarian Fed power grab]
NPR ^ | December 10, 2012 | Mark Memmott

Posted on 12/10/2012 9:43:13 PM PST by Slings and Arrows

Cats were everywhere. Fifty or so of them. In the house. On the lawn. Sunning themselves on the wall surrounding the property.

Most were six-toed — making them polydactyls. That's different. The cats you usually see have five toes on each paw in the front. Four on each in the back.

They were descendants of Snowball, a present from a ship's captain. A gift to writer Ernest Hemingway. He — Hemingway, that is — died in 1961.

About 10 years ago, a visitor to the Ernest Hemingway Home & Museum in Key West thought something was wrong. Were the cats being treated well? The museum said yes. The visitor, who had doubts, filed a complaint with the feds. It's a complaint that's gone to the courts.

Yes, Hemingway's cats are a federal case.

Now, as Christian Science Monitor correspondent Warren Richey tells NPR's Robert Siegel, a ruling has come down: The U.S. Department of Agriculture can regulate how the cats are treated, judges say. The museum gets visitors from out-of-state. It charges those visitors to see Hemingway's home and the famous cats. Interstate commerce gives Uncle Sam an interest, according to the courts.

So the feds can tell the museum to build a higher fence. Or to give the cats some more elevated "condos" to sleep in. The government also could levy fines if the museum doesn't cooperate. Will the museum appeal, possibly all the way to the Supreme Court? Nobody knows just yet.

Richey's written about all this for the Monitor. His story is here. Want to see the cats? There's video of them.

All Things Considered will have more on this later. We'll add the interview to the top of this post when it's ready. Click here if you want to find an NPR station that broadcasts or streams the show.

As for the cats, they're not commenting. We have our doubts, though, that they'll do what the law says. They're cats.


TOPICS: Crime/Corruption; Extended News; Government; US: Florida
KEYWORDS: ernesthemingway; hemingwayscats; kittyping; nosygovt
The U.S. Department of Agriculture can regulate how the cats are treated, judges say. The museum gets visitors from out-of-state. It charges those visitors to see Hemingway's home and the famous cats. Interstate commerce gives Uncle Sam an interest, according to the courts.

Are you @#$%ing kidding me? By this logic, the feds have jurisdiction over every business that gets at least one out-of-state customer - and how can they prove they don't? If this ruling is upheld federalism has been unilaterally abolished.

[Kitty lovers: Pix, video of the cats at source.]

1 posted on 12/10/2012 9:43:25 PM PST by Slings and Arrows
[ Post Reply | Private Reply | View Replies]

To: Slings and Arrows; Glenn; republicangel; Beaker; BADROTOFINGER; etabeta; asgardshill; devane617; ...

2 posted on 12/10/2012 9:46:18 PM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #3 Removed by Moderator

Comment #4 Removed by Moderator

To: Slings and Arrows
Papa loved his cats. Can the Feds visit this tattle-tails home to see if she cut off any tags from her mattress or pillows?

Did Key West [city fathers] ever settle the *gypsy chicken* problem *some* busybodies think they have?


5 posted on 12/10/2012 10:25:37 PM PST by Daffynition (Self-respect: the secure feeling that no one, as yet, is suspicious. ~ HLM)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Slings and Arrows; MestaMachine; Rushmore Rocks; Oorang; KC_Lion; Godzilla; Domestic Church; ...
.

Ping

Kittehs are a bonus to this thread about Fed gov power grab.

The Feds Can Tell Ernest Hemingway's Cats What To Do; Here's Why [Totalitarian Fed power grab]

The U.S. Department of Agriculture can regulate how the cats are treated, judges say. The museum gets visitors from out-of-state. It charges those visitors to see Hemingway's home and the famous cats. Interstate commerce gives Uncle Sam an interest, according to the courts.

By this logic, the feds have jurisdiction over every business that gets at least one out-of-state customer - and how can they prove they don't? If this ruling is upheld federalism has been unilaterally abolished.

Check out article.

Thanks, Slings and Arrows.

6 posted on 12/10/2012 10:37:41 PM PST by LucyT
[ Post Reply | Private Reply | To 1 | View Replies]

To: Daffynition

I’m sure the Feds will be moving on the chickens next.


7 posted on 12/10/2012 10:52:14 PM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: LucyT

You’re welcome. Wish I wasn’t the bearer of bad news.


8 posted on 12/10/2012 10:53:13 PM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Slings and Arrows

*Cluck the Feds and City Hall.*


9 posted on 12/10/2012 11:15:56 PM PST by Daffynition (Self-respect: the secure feeling that no one, as yet, is suspicious. ~ HLM)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Slings and Arrows

Political considerations aside, the feds must think awfully highly of themselves.

I have never met ANYONE who can tell cats what to do and get away with it!


10 posted on 12/10/2012 11:43:13 PM PST by Nik Naym (It's not my fault... I have compulsive smartass disorder.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Daffynition
What are the "Cleds?"

≤}B^)

11 posted on 12/10/2012 11:47:03 PM PST by Erasmus (Zwischen des Teufels und des tiefen, blauen Meers)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Nik Naym

If anybody would try, it’s the Fed.


12 posted on 12/11/2012 12:02:50 AM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Slings and Arrows

Had years ago a multi-toed cat by the name of Goofy. Would drive my mother nuts for food, but he was a sweet boy. :)=^..^=


13 posted on 12/11/2012 1:46:53 AM PST by Biggirl ("Jesus talked to us as individuals"-Jim Vicevich/Thanks JimV!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Slings and Arrows

Bookmarked!


14 posted on 12/11/2012 1:47:42 AM PST by Biggirl ("Jesus talked to us as individuals"-Jim Vicevich/Thanks JimV!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Slings and Arrows

Hemingway was a fraud; but leave his cats alone Feds.


15 posted on 12/11/2012 1:48:29 AM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
[ Post Reply | Private Reply | To 2 | View Replies]

To: LucyT
I live on this island of broken toys

this Fed bafoonery has been going on since the Bush administration

.

16 posted on 12/11/2012 2:23:51 AM PST by Elle Bee
[ Post Reply | Private Reply | To 6 | View Replies]

To: Slings and Arrows
from what I remember of the first trials and hearings ... the local attorney - Cara Higgins - then from the firm of Key West's Denny Crane - David Paul [W]Horan ... failed miserably to make the case that a resident who travels away from their domicile and then purchases AND consumes a product or service away from their domicile does NOT constitute an out of state consumer

.

17 posted on 12/11/2012 2:29:09 AM PST by Elle Bee
[ Post Reply | Private Reply | To 1 | View Replies]

To: Slings and Arrows

The exchange of goods, products, or any type of Personal Property. Trade and traffic carried on between different peoples or states and its inhabitants, including not only the purchase, sale, and exchange of commodities but also the instrumentalities, agencies, and means by which business is accomplished. The transportation of persons and goods, by air, land, and sea. The exchange of merchandise on a large scale between different places or communities.....The Feds are overstepping on this one a bit. Aholes.


18 posted on 12/11/2012 3:00:14 AM PST by Safetgiver ( Islam makes barbarism look genteel.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Slings and Arrows

This is one topic where I am “Pro Choice.” I don’t want the feds regulating how we must keep our pussies!


19 posted on 12/11/2012 3:59:07 AM PST by tired&retired
[ Post Reply | Private Reply | To 1 | View Replies]

To: Elle Bee
this Fed bafoonery has been going on since the Bush administration

Actually it started with FDR.

20 posted on 12/11/2012 4:12:06 AM PST by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Slings and Arrows
"Wish I wasn’t the bearer of bad news." Speaking of the bearer of bad news. Cats can be so cruel some times:
21 posted on 12/11/2012 4:32:45 AM PST by Uncle Lonny
[ Post Reply | Private Reply | To 8 | View Replies]

To: Slings and Arrows
By this logic, the feds have jurisdiction over every business that gets at least one out-of-state customer

They made that power grab in the 1960s. See "Heart of Atlanta Motel"

Heart of Atlanta Motel Inc. v. United States, 379 U.S. 241 (1964)

22 posted on 12/11/2012 5:02:56 AM PST by PAR35
[ Post Reply | Private Reply | To 1 | View Replies]

To: Slings and Arrows

“If this ruling is upheld federalism has been unilaterally abolished.”

This ruling is not necessary. Feds have had the power to regulate ANYTHING that might cross state lines for a long time.

Case in point are federal firearm and drug laws. Even firearms or drugs manufactured and used entirely within one state fall under federal law. And as we see with firearms and drugs, the feds will use one of their agencies to harass private citizens that are doing something completely legal within their own state.

The Constitution was torn up long ago. We are simply seeing the results


23 posted on 12/11/2012 5:29:17 AM PST by varyouga
[ Post Reply | Private Reply | To 1 | View Replies]

To: Slings and Arrows

24 posted on 12/11/2012 5:53:19 AM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Slings and Arrows

I think what is really going on here is that in “Ol’ Frank” Roosevelt’s time, there was a massive expansion of federal power using the excuse of the Interstate Commerce Clause of the constitution. The federal courts have so perverted this, that it is now interpreted as meaning both “Inter-” and “Intra-” state commerce. Basically that the feds have the power to regulate ALL commerce.

Then, when LBJ (it was supposed to be JFK) was president, he did another massive expansion of federal power to create the welfare state, using the General Welfare Clause of the constitution as his excuse. This was most recently cited by Nancy Pelosi as a major rationale for Obamacare.

Well, the John Roberts SCOTUS decision, while accepting the concept of Obamacare, *crippled* this misuse of both the Interstate and General Welfare Clauses to advance the growth of the federal government.

However the feds, and likely many federal judges, want this abusive authority back. This suggests that there may soon be a whole surfeit of petty cases, like this one, that federal judges will use these extremely misinterpreted constitutional clauses to justify, to “rebuild them in precedent”.

To further the expansion of federal power far beyond what it is today.


25 posted on 12/11/2012 6:13:22 AM PST by yefragetuwrabrumuy (Pennies and Nickels will NO LONGER be Minted as of 1/1/13 - Tim Geithner, US Treasury Sect)
[ Post Reply | Private Reply | To 1 | View Replies]

To: varyouga

Feds have had the power to regulate ANYTHING that might cross state lines for a long time.


Yes, but the cats haven’t crossed state lines.

Only the visitors. Why don’t they regulate them?


26 posted on 12/11/2012 6:31:05 AM PST by chaosagent (Remember, no matter how you slice it, forbidden fruit still tastes the sweetest!)
[ Post Reply | Private Reply | To 23 | View Replies]

To: Slings and Arrows

Six toes?

Our furniture looks bad enough with a five-toed cat.


27 posted on 12/11/2012 6:44:05 AM PST by moovova
[ Post Reply | Private Reply | To 1 | View Replies]

To: Slings and Arrows

Cats aren’t dumb. They’ll find a new palace if the current one isn’t treating them as royally as they think they should be treated. If fifty of the them are at the museum, then they’re being treated fine. Case closed and tax dollars saved. The judge should assign 10 years of poop patrol to that ding bat who brought the charges.


28 posted on 12/11/2012 6:55:58 AM PST by bgill (We've passed the point of no return. Welcome to Al Amerika.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Slings and Arrows
As for the cats, they're not commenting. We have our doubts, though, that they'll do what the law says. They're cats.

There is always a solution.


29 posted on 12/11/2012 7:17:10 AM PST by Lazamataz (LAZ'S LAW: As an argument with liberals goes on, the probability of being called racist approaches 1)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Slings and Arrows
This thread lacks a 6-toed cat pic... Cody, feet
30 posted on 12/11/2012 7:44:12 AM PST by Twotone (Marte Et Clypeo)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Slings and Arrows

Wickard v. Filburn: like herpes, the gift that keeps on giving.


31 posted on 12/11/2012 7:49:32 AM PST by Hemingway's Ghost (Spirit of '75)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Slings and Arrows

Good news for those who played with plastic models of polydactyls when they were kids—the asteroid didn’t kill them all off after all.


32 posted on 12/11/2012 8:45:18 AM PST by Verginius Rufus
[ Post Reply | Private Reply | To 1 | View Replies]

To: yefragetuwrabrumuy

I can only hope that this decision is appealed, then; still, it seems that we’re losing a war of attrition.


33 posted on 12/11/2012 8:55:19 AM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: Slings and Arrows
We lost the Commerce Clause argument back in the 1930's. FDR had the Supreme Court so cowed with the "packing the court" threat that they never opposed him, and made many insane decisions. The Commerce Clause was hyper-inflated so as to hand the FedGov the entire nation in Wickhard v Filburn (1942), where farmer Filburn, growing wheat for consumption of his own cattle on his own farm, was found to still be under federal regulation (there were growing quotas back then thanks to the 1938 "Agricultural Adjustment" Act) because it was somehow "in interstate commerce", despite not crossing state lines (nor even property lines), nor entering into commerce (since it was not sold to anyone).

Using their logic (that since it still affected the national totals when looked at in the aggregate with everyone else that might do it, it was therefore still under Federal control), the Commerce Clause could now be applied to anything at any time.

34 posted on 12/11/2012 8:55:39 AM PST by Teacher317 ('Tis time to fear when tyrants seem to kiss.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bgill

Amen.


35 posted on 12/11/2012 8:56:32 AM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
[ Post Reply | Private Reply | To 28 | View Replies]

To: Twotone
Thank you for your diligence.
36 posted on 12/11/2012 8:57:46 AM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Hemingway's Ghost

Aren’t you going to do something? They’re *your* cats.


37 posted on 12/11/2012 8:58:53 AM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
[ Post Reply | Private Reply | To 31 | View Replies]

To: Verginius Rufus

OK, flying pterodactyl-kitties would be completely awesome.


38 posted on 12/11/2012 8:59:51 AM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: Lazamataz
They'll need backup.


39 posted on 12/11/2012 9:57:38 AM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
[ Post Reply | Private Reply | To 29 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson