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

To: Nachum

Farming is nationalized.

See Farm Subsidies.


13 posted on 03/13/2013 9:16:03 AM PDT by Uncle Miltie (Due Process 2013: "Burn the M*****-F***er Down!")
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Uncle Miltie; All
The Supreme Court clarified in United States v. Butler, in terms of the 10th Amendment nonetheless, that the states have never delegated to Congress via the Constitution the specific power to regulate intrastate agriculture.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited. None to regulate agricultural production is given, and therefore legislation by Congress for that purpose is forbidden (emphasis added)." --United States v. Butler, 1936.

But also note, as I've already posted in this thread, that Justice John Marshall had previously officially clarified that Congress cannot lay taxes in the name of state power issues, essentially issues which Congress cannot justify under the Constitution's Section 8 of Article I.

"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Justice John Marshall, Gibbons v. Ogden, 1824.

So not only does Congress not have the constitutional authority to regulate intrastate agriculture, but neither does Congress have the power to lay taxes in the name of subsidizing agriculture.

The reason that corrupt Congress is now wrongly interfering with intrastate agriculture is the following. Activist justices nominated by Constitution ignoring socialist FDR wrongly ignored the above case precedents when they decided Wickard v. Filburn in Congress's favor in 1942.

21 posted on 03/13/2013 10:34:44 AM PDT by Amendment10
[ Post Reply | Private Reply | To 13 | View Replies ]

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