Skip to comments.Hemingway Cat Descendants Are Regulated by Federal Law, Appeals Court Says
Posted on 12/14/2012 12:19:15 PM PST by Mr. Know It All
Descendants of Ernest Hemingways six-toed cat Snowball that live at his museum home are subject to federal regulation because they substantially affect interstate commerce, a federal appeals court has ruled.
The cats roam the late authors former Key West home at 907 Whitehead Street, now a museum that hosts daily tours and weddings, report the Christian Science Monitor and National Public Radio. On Friday, the Atlanta-based 11th U.S. Circuit Court of Appeals ruled (PDF) that the U.S. Department of Agriculture has the authority to regulate the felines.
(Excerpt) Read more at abajournal.com ...
I believe this is an effort to revitalize both the commerce clause and the general welfare clause abuses. The Roberts’ decision in Obamacare really threw a wrench into them, but the bureaucrats and sympathetic to big government federal judges want to restore the abuses of these clauses in all their perverse glory.
Unless they do this, what was wrought by both FDR’s New Deal and LBJ’s Great Society could be undone, and they don’t want that.
How do you know the Federal Government is too large?
Another damned federal power grab. Why the cats? When he eats Bo (end of next Ramadang?), he’ll have a nice family of cats to replace the pooch (for campaign pictures - politicians get votes if they have nice pets).
when an asteroid shower hits Earth, it kills only federal employees.
The AWA somewhat obscurely defines an exhibitor as any person (public or private) exhibiting any animals, which were purchased in commerce or the intended distribution of which affects commerce, or will affect commerce, to the public for compensation, as determined by the Secretary. 7 U.S.C. § 2132(h)
But in its administrative agency decisions, the Secretary of Agriculture has interpreted distribution more liberally and applied it to intrastate, fixed-site exhibitions. Lloyd A. Good, Jr., 49 Agric. Dec. 156, 174 (1990) (holding that a stationary dolphin exhibition was subject to the AWA). In Good, the Secretary reasoned that the word distribution relates only to the manner in which the
animals are displayed to the public, and thus, an exhibitor becomes subject to the AWA if he distributes animals by television or simply by making them available to the public. Id. (emphasis added). The Secretary supported this interpretation by reasoning that the word distribution can mean an array of objects or events in space or time or any spatial or temporal array of objects or events. Id. at 173 (citing WEBSTERS II NEW RIVERSIDE UNIVERSITY DICTIONARY 391 (1984) and THE AMERICAN HERITAGE DICTIONARY OF THE ENGLISH LANGUAGE 38485 (New College Edition, 1976), respectively). Therefore, a repeated and regular exhibition fits the cited dictionary definitions of distribution. Id. at 17374.
What was the original motivation of the complainant?
The article just says "a visitor" complained. If I were to speculate, I'd guess some PETA nutcase.
For the power given to Congress by the Constitution does not extend to the internal regulation of the commerce of a State, (that is to say of the commerce between citizen and citizen,) which remain exclusively (emphases added) with its own legislature; but to its external commerce only, that is to say, its commerce with another State, or with foreign nations, or with the Indian tribes. Thomas Jefferson, Jeffersons Opinion on the Constitutionality of a National Bank : 1791.
The reasons that the federal government wrongly ignores the Commerce Clause today is the following. Constitution-ignoring socialist FDR was reelected enough times that he was able to establish an activist justice majority who saw things his way. And the Court took the opportunity provided by Wickard v. Filburn to sweep the 10th Amendment under the carpet.
In fact, using terms like "some concept" and "implicit" here is what was left of the 10th Amedment after FDR's puppet justices got finished with it.
"In discussion and decision, the point of reference, instead of being what was "necessary and proper" to the exercise by Congress of its granted power, was often some concept of sovereignty thought to be implicit (emphases added) in the status of statehood. Certain activities such as "production," "manufacturing," and "mining" were occasionally said to be within the province of state governments and beyond the power of Congress under the Commerce Clause."--Wickard v. Filburn, 1942.
Noting that the Wickard opinion makes no mention of Jefferson's clarification of the limits of Congress's Commerce Clause powers, FDR's justices had essentially reduced the 10th Amendment to a wives' tale.
You may see cats in boxes, but I see a significant impact on interstate commerce.
DR. CHESTER A. GIPSON
“Hemingway Cat Descendants Are Regulated by Federal Law, Appeals Court Says”
I need some non-evil swear words to use....
These people are way overpaid and are just looking for busy work to make their jobs seem relevant.