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jwm1964 -- I'd at least agree that our nation is a corporatocratictotalitarian democracy getting heavier on the totalitarian side by the minute. We're seeing several authoritarian entities gain increasing power (in this case, USDA & FDA), which support and are supported by the national government and major corporations. It's definitely a concerning trend for anyone who believes in individual liberty.
The government already quite often controls the food we can eat, how we can package it, how we can price it and when we can sell it.
My point exactly. The question is are we going to sit back and let them continue to exert (even more) control, or are we going to stand up and fight for our rights?
Here's the crux and the question that we all need to examine and answer for ourselves:
Is our federal government overstepping it's jurisdiction and exercising powers that it wasn't granted as enumerated powers in Article I, Section 8 of the US Constitution by (ab)using the general welfare (ex: Public Health), common defence (ex: National Security), interstate commerce, and "necessary and proper" clauses and caveats; thereby violating the State and Personal rights that are Constitutionally protected in the 9th and 10th Amendments?
One major criticism with the FDA Food Safety Modernization Act (FSMA) is that it grants the FDA authority over any "person (excluding farms and restaurants) who manufactures, processes, packs, distributes, receives, holds, or imports an article of food." The inclusion of "any" is considered ultra vires (outside jurisdiction) because the federal government and it's agencies/agents are not granted jurisdiction over commerce that occurs solely within a state's boundaries.
In the case of direct-sale and private club, the argument is that the State has no jurisdiction over private contracts other than providing a structure for fair trade and tort recourse, and is therefore creating judicial interference with the individual right to contract. Private contract (a transaction between one defined entity and another defined entity) is a matter of Civil/Private Law, not Public Law since it is not a Public transaction (between one defined entity and the government, or between an undefined entity and another undefined entity --i.e. a corporation and "the Public").
When planting our gardens, we want to use seeds that are not GM, genetically modified monsanto seeds. The GM seeds are only good for one harvest. Once the fruit or vegetable is harvested, the seeds of the harvested fruit do not bear fruit, therefore keeping Monsanto in business and us dependent on Monsanto for seeds. That's why they want to make farming illegal. Heirloom seeds are from organic farms and they are not genetically modified. The seeds from fruit this harvest may be used the following year .
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