Posted on 04/19/2015 7:15:18 AM PDT by SeekAndFind
In oral arguments Wednesday, the Supreme Court will hear the government defend its kleptocratic behavior while administering an indefensible law. The Agricultural Marketing Agreement Act of 1937 is among the measures by which New Dealers tried and failed to regulate and mandate America back to prosperity. Seventy-eight years later, it is the government’s reason for stealing Marvin and Laura Horne’s raisins.
New Dealers had bushels of theories, including this: In a depression, prices fall, so a recovery will occur when government compels prices to stabilize above where a free market would put them. So FDR’s “brain trust” produced “price stabilization” programs by which the government would fine-tune the supply of and demand for various commodities. In 1949, this regulatory itch was institutionalized in the Raisin Administrative Committee. Today it wants the Hornes to ante up about $700,000. They could instead have turned over more than 1 million pounds of raisins — at least four years of their production.
They have been refusing to comply with a “marketing order” to surrender, without compensation, a portion of their production for the RAC’s raisin “reserve.” The Hornes say this order constitutes an unconstitutional taking.
The Fifth Amendment says private property shall not “be taken for public use, without just compensation.” Time was, “for public use” meant for creating things — roads, bridges, dams, courthouses — used by the general public. In 1954, “public use” was broadened to allow government to take property to combat “blight,” thereby enabling “urban renewal.” Then in the infamous 2005 Kelo decision, the Supreme Court held, 5-4, that government could seize a person’s private property for the “public use” of giving it to another private party that would, by developing it, pay more taxes to the seizing government.
Perhaps the phrase “public use” is now elastic enough
(Excerpt) Read more at nationalreview.com ...
Little People - submit to our power - we are the GOVERNMENT. You shall obey.
Because stealing is what government does best. Stupid question.
Why doesn’t Congress and its RINO leadership get off their butts and defund the Raisin Administrative Committee in a single bill? Let Democrats and Obama then defend the very existence of this ridiculous bureaucracy. Congress should pass one these single defunding bills for all the insane little government bureaucracies at least every week. If these are single bills and not attached to massive omnibus bills, Democrats and Obama would have to defend each and every one of them. While this would not save billions, it would slowly chip away at the massive federal bureaucracy. The GOP could also gin up publicity about these ridiculous bureaucracies and how they waste tax money. I cannot anyone in Congress defending the Raisin Administrative Committee without looking like an idiot.
For the little people, a trip to court could leave you financially ruined or incarcerated. For the elite, the courts are just a familiar play ground. They don’t fear them.
The GOPe will do nothing but attack conservatives
It’s not just raisins guys. There are plenty of federal marketing orders - and all of them should be dumped.
say WHAT?!
ANY residential real estate can be bulldozed and produce more state and federal taxes as a strip mall or factory w/ employees. ANY beach side home could make more tax money as a bar or restaurant
meanwhile, the developer pockets the cash and the original owners are on the street after losing their home.
how is this even close to legal and still claim to be Constitutional???
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