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Hemingway Cat Descendants Are Regulated by Federal Law, Appeals Court Says
ABA Journal ^ | 12/11/2012 | Debra Cassens Weiss

Posted on 12/14/2012 12:19:15 PM PST by Mr. Know It All

Descendants of Ernest Hemingway’s 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 author’s 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 ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: commerceclause; kittyping
Apparently, previous Commerce Clause rulings weren't sufficiently ridiculous. I'd comment more, but I am too stunned.
1 posted on 12/14/2012 12:19:24 PM PST by Mr. Know It All
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To: Mr. Know It All

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.


2 posted on 12/14/2012 12:23:10 PM PST by yefragetuwrabrumuy (Pennies and Nickels will NO LONGER be Minted as of 1/1/13 - Tim Geithner, US Treasury Sect)
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To: Mr. Know It All

How do you know the Federal Government is too large?


3 posted on 12/14/2012 12:23:25 PM PST by Uncle Miltie (Cloward-Piven is a two way street. Move your capital out of the U.S. Let the economy burn.)
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To: Mr. Know It All

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).


4 posted on 12/14/2012 12:23:24 PM PST by faithhopecharity (--)
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To: Mr. Know It All
The federal court system once again affirms the irrelevance of the constitution.

Unless anyone is confused, interstate == intrastate.
5 posted on 12/14/2012 12:23:25 PM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: Uncle Miltie
How do you know the Federal Government is too large?

I give - how?
6 posted on 12/14/2012 12:24:23 PM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: andyk

when an asteroid shower hits Earth, it kills only federal employees.


7 posted on 12/14/2012 12:26:45 PM PST by TurboZamboni (Looting the future to bribe the present)
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To: Mr. Know It All
So we get Federal regulations which drive up the cost to the Museum, maybe force them to close, charge an admission fee or have the cats removed. I’ve been there. The cats lead a good life, get food, medical care and sheltered places to sleep. However, they are not confined. What was the original motivation of the complainant?
8 posted on 12/14/2012 12:41:47 PM PST by Truth29
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To: yefragetuwrabrumuy

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 WEBSTER’S II NEW RIVERSIDE UNIVERSITY DICTIONARY 391 (1984) and THE AMERICAN HERITAGE DICTIONARY OF THE ENGLISH LANGUAGE 384–85 (New College Edition, 1976), respectively). Therefore, a repeated and regular exhibition fits the cited dictionary definitions of “distribution.” Id. at 173–74.


9 posted on 12/14/2012 12:46:51 PM PST by frithguild (You can call me Snippy the Anti-Freeper)
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To: Truth29
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.

10 posted on 12/14/2012 12:47:04 PM PST by Mr. Know It All
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To: Mr. Know It All; All
Regardless what judges are indoctrinated by their radical professors in law school to think about the Commerce Clause, Clause 3 of Section 8 of Article I of the Constitution, please consider the following. Using terms like "does not extend" and "exclusively," Thomas Jefferson had officially clarified that Congress has no business sticking its big nose into intrastate commerce.
“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, Jefferson’s 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.

11 posted on 12/14/2012 12:52:17 PM PST by Amendment10
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To: frithguild

You may see cats in boxes, but I see a significant impact on interstate commerce.

DR. CHESTER A. GIPSON

12 posted on 12/14/2012 12:55:47 PM PST by frithguild (You can call me Snippy the Anti-Freeper)
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To: Amendment10

13 posted on 12/14/2012 12:58:12 PM PST by frithguild (You can call me Snippy the Anti-Freeper)
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To: andyk

“Hemingway Cat Descendants Are Regulated by Federal Law, Appeals Court Says”


14 posted on 12/14/2012 1:00:49 PM PST by Uncle Miltie (Cloward-Piven is a two way street. Move your capital out of the U.S. Let the economy burn.)
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To: Mr. Know It All

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.


15 posted on 12/14/2012 1:01:52 PM PST by madison10
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To: Mr. Know It All
Kittyping since this is back on the tube today with a report from Fox cable news. Will the Museum appeal to the Supreme Court? What will it cost? Would the SC ever take this case? No answers to these questions, yet.
16 posted on 01/05/2013 11:42:27 AM PST by Truth29
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