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Thread: $90,000 Fine for Selling Rabbits

  1. #11
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    Re: $90,000 Fine for Selling Rabbits

    Quote Originally Posted by Centinel View Post
    Congress' powers are listed in the constitution. The power to license rabbit farmers is not among those powers.
    Are you sure? Perhaps you should double check. Check the amendments too. Don't forget those. It might be in there. Maybe it's on the back? Have you checked the back?
    Quote Originally Posted by Centinel View Post
    Yes, congress has the power to regulate commerce among the states. Nothing I have read about this case indicates that this rabbit breeder was selling to people in other states, however.
    AFAICT, he sold to someone who sells across state lines and that's how the USDA became involved--they were inspecting someone else's farm who had rabbits from this guy's farm.
    I may be wrong.

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    Re: $90,000 Fine for Selling Rabbits

    Awesome. Given the current state of America, the authorities have shown that they have nothing better to do than go after feeding the homeless, Amish milk, lemonade stands, guitars, and now rabbit breeders.

    Thank goodness we have troops dying to protect our freedoms.

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    Re: $90,000 Fine for Selling Rabbits

    Quote Originally Posted by Simon W. Moon View Post
    Are you sure? Perhaps you should double check. Check the amendments too. Don't forget those. It might be in there. Maybe it's on the back? Have you checked the back?
    AFAICT, he sold to someone who sells across state lines and that's how the USDA became involved--they were inspecting someone else's farm who had rabbits from this guy's farm.
    He sold to someone in his state. He was not engaged in interstate commerce. Therefore his commerce cannot be regulated under the constitution.

    Maybe the person to whom Dollarhite sold his rabbits will sell them across state lines, and if so that person will be engaged in interstate commerce and his transaction can be regulated. But not Dollarhite. He was not engaged in interstate commerce.

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    Re: $90,000 Fine for Selling Rabbits

    Quote Originally Posted by Helix View Post
    it doesn't matter since Wickard v Filburn.



    "Substantial Effect” Commerce Clause Power
    Congress was delegated the power to regulate commerce among the states. It was not granted power to regulate any activity that has a substantial effect on interstate commerce. The substantial effect ruling was a power grab by the federal government that needs to be nullified by the states.

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    Re: $90,000 Fine for Selling Rabbits

    Quote Originally Posted by Centinel View Post
    According to this story, a southwest Missouri man who said he made about $200 selling rabbits has been ordered by the United States Department of Agriculture to pay more than $90,000 for doing business without a license.

    Two questions:

    Under which of congress' enumerated powers does the power to license rabbit sellers fall?

    Under which of congress' enumerated powers does the power to operate a department of agriculture fall?
    *snip* - neverming. I was thinking of agencies, not departments. . . they function differently.
    Last edited by Aunt Spiker; 10-16-11 at 08:34 PM.
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    Re: $90,000 Fine for Selling Rabbits

    Quote Originally Posted by Centinel View Post
    Congress was delegated the power to regulate commerce among the states. It was not granted power to regulate any activity that has a substantial effect on interstate commerce. The substantial effect ruling was a power grab by the federal government that needs to be nullified by the states.
    i agree. the ruling has had the effect of allowing anything to be regulated as substantial effect even when there is no substantial effect.

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    Re: $90,000 Fine for Selling Rabbits

    Quote Originally Posted by Helix View Post
    i agree. the ruling has had the effect of allowing anything to be regulated as substantial effect even when there is no substantial effect.
    Got nullification?

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    Quote Originally Posted by Helix View Post
    i agree. the ruling has had the effect of allowing anything to be regulated as substantial effect even when there is no substantial effect.
    The problem with law is that it is so subjective... what's "substantial" is pretty vague.
    "A witty saying proves nothing." Voltaire

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    Re: $90,000 Fine for Selling Rabbits

    Quote Originally Posted by nijato View Post
    The problem with law is that it is so subjective... what's "substantial" is pretty vague.
    Often times, in rulings, they lay out the criteria to be used. If you research the ruling, you may find that they established the criteria there.
    I may be wrong.

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    Re: $90,000 Fine for Selling Rabbits

    Quote Originally Posted by Antiderivative View Post
    Awesome. Given the current state of America, the authorities have shown that they have nothing better to do than go after feeding the homeless, Amish milk, lemonade stands, guitars, and now rabbit breeders.

    Thank goodness we have troops dying to protect our freedoms.
    Man, if only the government could do two things at the same time...
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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