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Anyone find it funny that some departments of the federal government claim that you need to cross state lines to violate the law, while others are claiming federal jurisdiction to do whatever they want?
whether 21 C.F.R. §1240.61 [the federal regulation challenged in the suit] applies to and proscribes the conduct of the following persons:
persons who travel from one state, where it is not legal to purchase raw milk, to another state, where it is legal to purchase raw milk, legally purchase raw milk, then return to the original state where they consume the raw milk themselves or give it to their friends or family members; or
a principal and agent who agree that the agent will obtain raw milk out-of-state, where it is legal to do so, and deliver it to the principal in the principal’s home state, where sales of raw milk are not permitted, where the principal then consumes the raw milk or gives it to the principal’s friends or family members; or
a producer of raw milk who sells raw milk in a state where it is legal to do so in an intrastate transaction to person that he knows are from out of state?
Yet another example of why states need to exercise their 10th Amendment rights. Or, people need to vote with their feet and move to states that allow the freedom to puchase raw milk and such directly from the farmers.
The world is going to Hades in a hand basket and the federal government has time to set up Amish or Mennonite farmers in milk stings? WHat do they think they are, milk terrorists?
Aren't the high levels of radiation in our milk and priduce following the Japan nuclear disaster more of a threat?
Is this really important compared to 3 wars, $14.3 Trillion in national debt, natural disasters that are wiping out nealy half a million homes and over a million acres of farmland, unsecured Southern border, etc.... .
Yep, the Obama administration has its priorities straight, milk stings! Udderly stupid.
Yet another example of why states need to exercise their 10th Amendment rights. Or, people need to vote with their feet and move to states that allow the freedom to puchase raw milk and such directly from the farmers.
The world is going to Hades in a hand basket and the federal government has time to set up Amish or Mennonite farmers in milk stings? WHat do they think they are, milk terrorists?
Aren't the high levels of radiation in our milk and priduce following the Japan nuclear disaster more of a threat?
Is this really important compared to 3 wars, $14.3 Trillion in national debt, natural disasters that are wiping out nealy half a million homes and over a million acres of farmland, unsecured Southern border, etc.... .
Yep, the Obama administration has its priorities straight, milk stings! Udderly stupid.
Yeah, it ranks up there with them getting into our bedrooms and uteri.
What a silly law. I can't see it ever actually being enforced. The only I can think of is that they may try and bring a case against someone as a token in order to establish case law for future proceedings. Proceedings of what exactly, I have no idea.
Although I guess just for argument's sake, I can't drive to another state and get my windows tinted darkly there (where it may be legal) then drive back and operate my vehicle in my home state where the tinting would violate the law. In the same line of thinking, back when I lived in Georgia, it was well known that it was illegal to drive up to South Carolina to buy Sparklers for use back in Georgia. I see the corollary, but it seems like a real waste of resources to spell it out for something this minor.
Also, this act of consuming the raw milk is already illegal at the local level, the only difference is now you can be prosecuted at the federal level. Unless Mexican drug cartels have a side business of running raw milk underground pipelines, I don't see what that accomplishes.
Quote:
Originally Posted by tofurkey
We hold that there is no right to reasonably resist unlawful entry by police officers
Wait, this might be a little tangent, but isn't this obvious to the point of being self evident? Neither you nor the police are in a position to argue over whether or not their entry is lawful at the time of their actions. That's what a judge and courtroom are for. That's the whole point behind the 4th amendment and the fact that if a court determines any evidence was collected in an illegal search it will usually be thrown out.
Quote:
Originally Posted by lifelongMOgal
Aren't the high levels of radiation in our milk and priduce following the Japan nuclear disaster more of a threat?
No.
Quote:
Originally Posted by lifelongMOgal
Yep, the Obama administration has its priorities straight, milk stings! Udderly stupid.
Witty pun aside, I'm going to go out on a limb and say that Obama had not even a tangential part in this.
Wait, this might be a little tangent, but isn't this obvious to the point of being self evident? Neither you nor the police are in a position to argue over whether or not their entry is lawful at the time of their actions. That's what a judge and courtroom are for. That's the whole point behind the 4th amendment and the fact that if a court determines any evidence was collected in an illegal search it will usually be thrown out.
Unless, of course, you got plugged full of 71 bullets and had EMS held for 1 hour before they could help you and you died.
Then your surviving family can go in front of a judge to determine whether or not their actions were "lawful".
Unless, of course, you got plugged full of 71 bullets and had EMS held for 1 hour before they could help you and you died.
Then your surviving family can go in front of a judge to determine whether or not their actions were "lawful".
That seems all the more reason why you do not have the right to resist an entry, even if they entry may later be proven illegal - because it can lead to a situation such as being shot 71 times.
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