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To: ctdonath2
Why the particular interest in farms?

That new Farm Bill that forces farmers to create a paper trail for every item produced so that if there's a recall of a product the Guvmint can follow the paper trail and punish the farmer.

The paperwork will cause many farmers to quit growing food products.

I'm assuming that if you grow your own garden, you may have to declare it if you plan to give anything you grew away or sell it locally.

It's to enslave us under the caliph's regime.
93 posted on 06/19/2009 9:40:01 AM PDT by HighlyOpinionated (Sarah Palin and Michele Bachmann in 2012. With Liz Cheney as Secretary of State.)
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To: HighlyOpinionated
I'm assuming that if you grow your own garden, you may have to declare it if you plan to give anything you grew away or sell it locally.

Applying the SCOTUS decision that a farmer was engaging in Interstate Commerce by growing his wheat for his own personal use, because that replaced wheat/flour he would have otherwise purchased that was part of Interstate Commerce, then growing a vegetable garden is "engaging in interstate commerce and farming.

IOW, anything you make, grow, raise or otherwise produce for yourself is, if they wish, in violation one way or another.

Wickard v. Filburn

Facts of the Case: Filburn was a small farmer in Ohio. He was given a wheat acreage allotment of 11.1 acres under a Department of Agriculture directive which authorized the government to set production quotas for wheat. Filburn harvested nearly 12 acres of wheat above his allotment. He claimed that he wanted thewheat for use on his farm, including feed for his poultry and livestock. Fiburn was penalized. He argued that the excess wheat was unrelated to commerce since he grew it for his own use.

Conclusion: According to Filburn, the act regulated production and consumption, which are local in character. The rule laid down by Justice Jackson is that even if an activity is local and not regarded as commerce, "it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce, and this irrespective of whether such effect is what might at some earlier time have been defined as 'direct' or 'indirect.'"

Wickard v. Filburn, 317 U.S. 111 (1942)

Held, that, in any event, and even assuming that the penalties referred to in the speech were those prescribed by the Act, the validity of the vote was not thereby affected. P. 317 U. S. 117.

2. The wheat marketing quota and attendant penalty provisions of the Agricultural Adjustment Act of 1938, as amended by the Act of May 26, 1941, when applied to wheat not intended in any part for commerce but wholly for consumption on the farm, are within the commerce power of Congress. P. 317 U. S. 118.

3. The effect of the Act is to restrict the amount of wheat which may be produced for market and the extent as well to which one may forestall resort to the market by producing for his own needs. P. 317 U. S. 127.

4. That the production of wheat for consumption on the farm may be trivial in the particular case is not enough to remove the grower from the scope of federal regulation where his contribution, taken with that of many others similarly situated, is far from trivial. P. 317 U. S. 127.

5. The power to regulate interstate commerce includes the power to regulate the prices at which commodities in that commerce are dealt in and practices affecting such prices. P. 317 U. S. 128.

6. A factor of such volume and variability as wheat grown for home consumption would have a substantial influence on price conditions on the wheat market, both because such wheat, with rising prices, may flow into the market and check price increases and, because, though never marketed, it supplies the need of the grower which would otherwise be satisfied by his purchases in the open market. P. 317 U. S. 128.

128 posted on 06/19/2009 11:56:56 AM PDT by ApplegateRanch (The mob got President Barabbas; America got shafted)
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