As Firesign Theatre pointed out, you can’t get to the Old Same Place, from here. So it is for the global paper markets. The sales pitch on the Grand Ponzi Scheme doesn’t work, anymore. The central banks have taken a page from the French Revolution and started a regularly scheduled riot. Italy’s downfall will be the Eurozone’s gain. They’re not finished with Greece, either. The objective of Commerce is always conquest. The civil disturbances tell us that agents have been sent forth to devour all of the people’s substance.
7 October A.D. 2011
If this were their property, then the result would be drastically different.
The WND story and the link to it are below.
Unruh very plainly tells us what the judge tell us, and both are telling us that those people are engaging in commerce in “this state” in that line of commerce called “operating a dairy farm.”
That’s all that anyone ever really needs to know about this case to understand the ruling.
“Federal” means “federal.”
Why is that mentioned in a “state court” case? Because “federal” is not limited to any particular “level” of government. “Federal” describes the legal mechanism, which is “by agreement,” not a “level” of government. These days, all “levels” of “government” “operate” “federally,” i.e., “by agreement.’
Those who engage in any line of commerce in “this state” who turn right around and throw “constitutional” concepts at the situation are confessing that they have no clue, at all, whatsoever, what their/our present legal reality is. (Yes, to be very plain and clear, this author is saying that the good people with the Farm-to-Consumer Legal Defense Fund, who, no doubt, have the absolute best intentions for those they serve, have “no clue” what they’re dealing with, here.)
As for “fundamental rights,” that’s a rather exclusive list. We have a “fundamental right” to structural Due Process, to procedural Due Process, to a fair trial, to be free from unreasonable search and seizure, and these sorts of things. “Fundamental right” is another one of these terms to be understood as a “term of art” that carries with it a specific understanding.
One would think that what one does with his own property is included on that list, and the problem with “going there” under our present reality is that we have no idea, at all, what the property ownership scam amounts to, especially where we’re talking about farming and ranching. That particular group of people have been scammed hook, line, and sinker into participation in a myriad of “government programs,” the end result of which is that they no more own that land or what’s on it, in “full title,” than they own the moon.
And these people agreed to be regulated in their activities of “operating a dairy farm.”
Those who have studied into the “transportation” code matters should bristle instantly and immediately at the mere reading of the term “operating.” It’s part of the semantics that declares the activity, whatever it may be, both commercial and conducted in the “place” called “this state.”
Key to this case is the concept stated plainly, more than once, in the story below. The judge very clearly distinguishes between simply owning an cow and the regulated, commercial activity that is labeled as “operating a dairy farm.”
Keep in mind, too, that this is “just” the trial court ruling. There are opportunities to appeal. Right now, looking at the matter rather much peripherally, without any comfort level, at all, in what those state statutes do, specifically, thus, by applying solely the basics of our present legal reality, this author expects this trial judge’s decision will be upheld.
Why? Because those good people agreed to be regulated. It’s that simple.
That’s upsetting. It’s be even more upsetting to those who still live in the daydream of notions of a “constitution” and of “government limited by law.” We do not now have, and have never had, any such thing in America at the national level, and we’ve never had any such thing at the state level, either, with two possible exceptions, both of which are 100% irrelevant where what circulates as “currency” is “paper,” and neither of which was Wisconsin.
Those who agree to be regulated get regulated. Funny how that works.
In the “place” called “this state,” where the fundamental “choice of law” is the Law of the Sea, there is no fundamental right to get outside the terms agreed to. This would also be the case if we were in the habit of using honest weights and measures, i.e., if the foundational “choice of law” were the Law of the Land. There is no “fundamental right” to breach the agreement. (This takes us to a “state’s rights” discussion that’ll have to wait for another day, but, in anticipation of that discussion, it doesn’t matter what/who the party to the deal is; there is no “right” to breach the deal.) An agreement is an agreement. Where the other party to the deal is some governmental agency or other, they’ll enjoy enforcing that deal to the ends of the earth.
Those who want that sort of thing to stop do well to stop agreeing to being regulated. For this, there is no political activity on the face of the planet that will do anyone any good. It’s an individual, commercial problem for which there are only individual, commercial solutions.
There’d be a whale of a lot of (legal) work involved in getting any “operating dairy” into a legal position that puts it beyond the reach of “this state,” but likely the greatest barrier of all is finding customers who would trade in silver, or other forms of honest weights and measures, for the milk.
Harmon L. Taylor
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——– Original Message ——–
|Subject:||More funny business|
|Date:||Thu, 6 Oct 2011 14:44:48 -0500|
Judge: Americans do not have right to choose food
Decision in farm dispute bars families from drinking milk from their own cows
Posted: October 06, 2011
12:50 am Eastern
By Bob Unruh
© 2011 WND
A Wisconsin judge has decided – in a fight over families’ access to milk from cows they own – that Americans “do not have a fundamental right to consume the milk from their own cow.”
The ruling comes from Circuit Court Judge Patrick J. Fiedler in a court battle involving a number of families who owned their own cows, but boarded them on a single farm.
The judge said the arrangement is a “dairy farm” and, therefore, is subject to the rules and regulations of the state of Wisconsin.
“It’s always a surprise when a judge says you don’t have the fundamental right to consume the foods of your choice,” said Pete Kennedy, president of the Farm-to-Consumer Legal Defense Fund, which worked on the case on behalf of the farmers and the owners of the milk-producing cows.
The judge’s original ruling came in a consolidation of two cases that presented similar situations: Cows being maintained and milked on farms for the benefit of non-resident owners. He refused to grant a summary judgment declaring such arrangements legitimate, deciding instead to favor the Wisconsin Department of Agriculture, Trade and Consumer Protection, which opposed them.
(Story continues below)
“Plaintiffs argue that they have a fundamental right to possess, use and enjoy their property and therefore have a fundamental right to own a cow, or a heard (sic) of cows, and to use their cow(s) in a manner that does not cause harm to third parties. They argue that they have a fundamental right to privacy to consume the food of their choice for themselves and their families and therefore have a fundamental right to consume unpasteurized milk from their cows,” the judge wrote.
Bunk, he concluded.
“They do not simply own a cow that they board at a farm. Instead, plaintiffs operate a dairy farm. If plaintiffs want to continue to operate their dairy farm then they must do so in a way that complies with the laws of Wisconsin.”
He cited an earlier consent decree involving one of the farm locations, which had been accused of being the source of a “Campylobachter jejuni infection” and said there are state reasons to require standards and licenses.
Identifying the cases as the “Grassway plaintiffs” and the “Zinniker plaintiffs,” the judge said both were in violation of state rules and regulations.
It was, however, when the plaintiffs petitioned the judge for a “clarification” of his order that he let fly his judicial temperament.
“The court denied plaintiffs’ motion for summary judgment, which means the following:
“(1) no, plaintiffs do not have a fundamental right to own and use a dairy cow or a diary (sic) herd;
“(2) no, plaintiffs do not have a fundamental right to consume the milk from their own cow;
“(3) no, plaintiffs do not have a fundamental right to board their cow at the farm of a farmer;
“(4) no, the Zinniker plaintiffs’ private contract does not fall outside the scope of the state’s police power;
“(5) no, plaintiffs do not have a fundamental right to produce and consume the foods of their choice; and
“(6) no, the DATCP did not act in an ultra vires manner because it had jurisdiction to regulate the Zinniker plaintiffs’ conduct.”
“It is clear from their motion to clarify that the plaintiffs still fail to recognize that they are not merely attempting to enforce their ‘right’ to own a cow and board it at a farm. Instead, plaintiffs operate a dairy farm,” he wrote.
Kennedy said the ruling is outlandish.
“Here you have a situation where a group of people, a couple of individuals, boarded their cows which they wholly owned, with Zinniker farms, and paid them a fee for the boarding.”
He continued, “The judge said people have no fundamental right to acquire, possess and use your own property.”
The dispute is part of a larger battle going on between private interests and state and federal regulators over just exactly who makes the decision on the difference between a privately held asset and a commercial producer.
The Los Angeles Times recently profiled a case in which prosecutors had arrested the owner of a health food market and two others on charges of allegedly illegally producing unpasteurized dairy products.
The arrests of James Cecil Stewart, Sharon Ann Palmer and Eugenie Bloch just a few weeks ago advanced the government’s crackdown on the sale of so-called raw dairy products.
Attorneys for the federal government have argued in a lawsuit still pending in federal court in Iowa that individuals have no “fundamental right” to obtain their food of choice.
The brief was filed early in 2010 in support of a motion to dismiss a lawsuit filed by the Farm-to-Consumer Legal Defense Fund over the U.S. Food and Drug Administration’s ban on the interstate sale of raw milk.
“There is no ‘deeply rooted’ historical tradition of unfettered access to foods of all kinds,” states the document signed by U.S. Attorney Stephanie Rose, assistant Martha Fagg and Roger Gural, trial attorney for the U.S. Department of Justice.
“Plaintiffs’ assertion of a ‘fundamental right to their own bodily and physical health, which includes what foods they do and do not choose to consume for themselves and their families’ is similarly unavailing because plaintiffs do not have a fundamental right to obtain any food they wish,” the government has argued.
WND has reported several times on fed crackdowns on producers of raw milk for friends and neighbors, including when agents arrived to inspect a private property belonging to Dan Allgyer in Pennsylvania at 5 a.m.
The federal attorneys want the case dismissed.
“The interest claimed by plaintiffs could be framed more narrowly as a right to ‘provide themselves and their families with the foods of their own choice,'” the government document states. But the attorneys say that right doesn’t exist.
“The FDA essentially believes that nobody has the right to choose what to eat or drink,” said the Natural News site, which explains it covers topics that allow individuals to make positive changes in their health, environmental sensitivity and consumer choices.
“You are only ‘allowed’ to eat or drink what the FDA gives you permission to. There is no inherent right or God-given right to consume any foods from nature without the FDA’s consent.”
The Natural News report continued, “The state, in other words, may override your food decisions and deny you free access to the foods and beverages you wish to consume. And the state may do this for completely unscientific reasons – even just political reasons – all at their whim.”
The report blames the aggressive campaign against raw milk on large commercial dairy interests, “because it threatens the commercial milkbusiness.”
The reason cannot be safety, the report said, since a report from the Weston A. Price Foundation revealed that from 1980 to 2005 there were 10 times more illnesses from pasteurized milk than from raw milk.
The federal government attorneys say the FDA’s goal is to prevent disease, and that’s why the “ban on the interstate sale of unpasteurized milk” was adopted.
The attorneys conceded that states ordinarily are expected to regulate intrastate activity but noted, “it is within HHS’s authority … to institute an intrastate ban as well.”
Natural News reported the ban could be seen as violating the 10th Amendment to the U.S. Constitution, which leaves to states all powers not specifically designated in the Constitution for the federal body.
Debt vs. Security
The functional parameters of the concepts Debt and Security are black-and-white opposites. The contrast is so sharp that the use of the word “Securities” in investment circles is a fraudulent misrepresentation for the purpose of commercial promotion. There is nothing secure about paper. Ask Bernie Madoff’s investors. Read the rest of this entry »
These days, we have so many influences bringing out glaring contrasts between Bureaucracy and Humanity. The hot spot today is the Federal Budget debate. This is nothing new. We’ve been watching people threaten each other with poverty since forever. It is during these bouts of confusing numbers and inflammatory ultimatums that we are reminded that turning on floodlights in a crowded bar, at midnight, can expose a lot of surprises.
It is in the contrasts, brought out it all their naked glory, that we see the behavior that causes us to cringe at admitting that we are associated with any of this mockery of all things American. Yet, we need this. We need to understand that Bureaucracy is anti-human. It is cannibalistic. Even in it’s most commercial context, it is impossible to find any compassion or grace for the behavior of Bureaucracy. Something happens to people when they gain auspicious titles and put on a suit and tie. In reality, they are no less human. They just act as predatory animals.
There is one thing that we can be sure of. Those who gain by this unreasonable facsimile of a reality show called government will not be found in line when the inevitable next step down in the currency collapse is taken. None will admit complicity in the Ponzi scheme that is the Federal Reserve. There won’t be a deal good enough to persuade the world to buy U. S. Treasury debt. The situation will become institutional looting and piracy.
This is the point when the masks come off and the wolves devour the sheep. The turmoil and protest in other countries will be seen in the United States. Bureaucracy believes that it is a law unto itself. The human common sense response would be to admit that there is a higher court than any institution of Man. But then, Bureaucracy ate of the forbidden fruit and bought into the original lie, long ago. No, the men of renown have not become gods, and their pride is going before destruction.
Since U. S. citizens are shareholders in the Federal corporation, and volunteered to pay the debts of said corporation, they can just shut up and pay their taxes.
Many progressives are upset that social services are on the chopping block while we are "giving" billions in tax breaks to the wealthy. At the recent twitter town hall event, President Obama said, "The debt ceiling should not be something that is used as a gun against the heads of the American people to extract tax breaks for corporate jet owners or oil and gas companies that are making billions of dollars because the price of gasoline has gone u … Read More
via The Owl Pundit
What Difference Does It Make?
What difference does it make? That’s the 64 Amero question. If you have a secure supply of drinking water, long term storage food to last a few years, and have the rest of the list of basic necessities, what happens next shouldn’t mean much. Being outside the large cities would be a good idea. It’s just easier to avoid problems, that way. Individuals can be known much better than crowds.
Understanding that government turns populations into refugees better than any other organization in the history of the world, would help you avoid, as Arlo Guthrie put it, being detected, inspected, injected and infected. Read everything you can about the history of crisis management. At least you would have an idea about how things work at your friendly local neighborhood Guantanamo, should you end up in such a place. If you are at all, historically and traditionally American in your thinking, you are probably labeled a potential terrorist. The Corporatist animosity toward all things American are very well documented. Congress isn’t on the ‘A’- list, and I doubt that I, you or anyone we know is in that privileged class.
Everything comes down to being in the right place, at the right time. That is the difference that the times we are in, makes. Beyond what an individual can carry, there isn’t much worth having, if it isn’t immediately accessible. Everyone should examine their far-flung, personal little empires. When the bureaucracy turns cannibal on itself, don’t go swimming with the sharks. Always a survivor, never a refugee.
Knowing the history of the bureaucratic hardship imposed by the state of emergency in Agriculture didn’t help ease the reading of the article on the front page of the June 3rd, 2009 Denver Post. That state of emergency was declared in 1934 and is in effect, today. The article, titled “More farmers losing hope”, by Miles Moffeit told the story of financial hardship, stress from uncertain markets and of all things, a suicide prevention hotline for farmers. A study of agricultural history in the U. S. specifically, and the world in general, details the Corporatist seizure of the ability to produce food. When power and control override independence, we see this stress become the norm. At one time, farms were profitable and didn’t need the banks for anything. With the consolidation of the past 75 years, farmers are now the odd group on the outside, looking in. This is why farmers are under so much stress. Just as on every other inhabited continent, the corporate war is against them. The first action of tyrannical governments is to seize control of food production and use it as a weapon. As agriculture goes, so goes the nation. Forget General Motors.
The National Organization for Raw Materials (N. O. R. M.) http://www.normeconomics.org compiles a yearly table of production data, by area of production. It is a very good history of economic activity. The numbers are certainly very down in these days. With farmers being squeezed out and forced of the land, the work that should be the strength of the nation is under severe attack. While the urban public fails to defend their rural neighbors from corporate commercial attack, they should stop and think about where their food comes from. We must get past ignoring issues until they become a crisis. People will certainly take notice when food either is in short supply or costs twice what it did, a year ago.
Obviously, local independence is in our best interest. When the bottom lines of the banks became more important than the natural order of production and local distribution, the war was on for control of markets and land. This is why we must support farmers markets and local barter systems for goods and services. When we began accepting the paper Ponzi scheme, we became enslaved and exploited. We must understand that the fate of our neighbors is inseparable from our own. Looking for toll – free numbers to call or grant applications to fill out is a dead end in the same debt swamp that caused the original problem.
After decades of sowing debt and reaping poverty, the lesson should be clear. All of the experts with defective educations have led us to the edge of economic conquest by foreign interests. Consumers and farmers must defend each other from the attacks of the Globalist invaders. For too long, the combination of business and politics has invited invasion. Only by direct, local interaction can the outside oppression be excluded. Before Corporatist foreign agendas put farmers out of business and take food off the tables of America’s families, repudiation of the bureaucratic corporate structure must come.
We make choices, every day. At some point, our daily lives must surely must give rise to the need for better results. When do we question the logic of relying on institutions that don’t produce the required results? Delegating personal judgment to representation vulnerable to questionable influence is a recipe for disaster. The upside down and inside out Corporatist structure of this society and world creates more problems than it solves. Not only are decisions made according to private agendas of corporate global interests, but we are saddled with the burden of regulation toxic to local independence. Our neighbors are far more likely to have interests in common with us, than some convened body of public policy makers. That is the bedrock defense of a community against invasion by any organization. Certainly, those who believe the debt economy is a valid business model would not miss us, if we were gone. Being at the mercy of such treacherous mentalities is not an option, if we are to maintain civility and tranquility in our local relationships. We would do better to let the Globalist interests drift out to sea, without our support.
Where is it?
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