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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: 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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