By Devvy Kidd
Despite massive opposition from we the people, the phony Food Safety & Modernization Act passed last month; H.R. 2751 in the House and S.510 in the Senate. All that lobbying by special interests paid off once again:.
S.510 deceptively titled "Food Safety and Modernization Act" written by and for Monsanto lobbyists
If you are unfamiliar with that bill, it has nothing to do with food safety and everything about control. It's all about more power for the Federal Death Administration (FDA) and stomping on the rights of the sovereign states. It's about more bloated government with the creation of more and more "federal" paychecks. Let me give you just one example:
(1) EARLY CHILDHOOD EDUCATION PROGRAM- The term 'early childhood education program' means
(A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.)
(B) a State licensed or regulated child care program or school;
(C) a State prekindergarten program that serves children from birth through kindergarten.
It's all voluntary - of course, but here's the carrot:
(c) School-based Food Allergy Management Grants
Your money to be handed over to a state you don't even live in to further expand mother government into our public schools - the transmission belts of propaganda. Think states like California run by socialist misfits and communists will turn away from this one? Speaking of education, I bet Obama/Soetoro/Dunham got a big kick out of this one. On the other hand, since the arrow was directed at Bush and the putrid No Child Left Behind program, Duncan probably got kudos:
"Historically in our country, I think particularly under the current law, No Child Left Behind, lots of states dummied down standards," said Duncan at the National Action Network's Martin Luther King, Jr. day prayer breakfast on Monday. "They reduced standards. Why? Wasn't good for children; wasn't good for education; wasn't good for the country -- was good for politicians."
"It made politicians look good," he said. "You could dummy down your standards and tell the press and tell the public if you could tell the public that more students in your state were quote/unquote meeting state standards, that helped you get re-elected. But it did a great disservice to young people."
Did you notice the Democrats, who held power from Jan. 2007 until December 31, 2010, did nothing to correct those "dummy down" standards now being exposed? Oh, that's right, they had more important things to do like fund the unconstitutional Federal Department of Education another $66 BILLION borrowed dollars to dumb down America's children, pass the mess called Obama Care and this dangerous food "safety" bill. I guess keeping "dummy down" standards in America's schools could wait for 2012 to use as a hammer against Republicans since the Democrats knew they would take a beating in the house. Why waste political currency?
Here's more unacceptable parts of that bill signed into law by the fraud in the White House:
"The bill created vastly increased layers of regulations which threaten small and organic farmers and food producers. It gave the FDA increased powers, such as the power to detain foods if they have "reason to believe that such article is adulterated or misbranded." The FDA has already demonstrated its willingness to interpret "adulterated" to mean record-keeping violations. And they have interpreted "misbranded" to mean a producer making a completely true statement about the product but without FDA permission.
"This bill did not address the real causes of food safety concerns: overcrowding of animals in CAFO's (Confined Animal Feeding Operations), leading to infectious diseases, the spillage of contaminated CAFO sewage into waterways leading to downstream vegetable growers, thus contaminating that produce, the use of toxic herbicides and pesticides, and the danger of GMO's.
"The bill contains traceback provisions to respond more quickly to outbreaks of disease from tainted food. Responding faster to outbreaks caused by an unhealthy agricultural system is akin to parking an ambulance at the bottom of the cliff, for faster transport to the hospital, rather than putting a fence at the top of the cliff by moving our food system to healthy methods?"
It's all about jurisdiction and the right of the states regarding food produced in a state. It's all about the endless court decisions regarding interstate commerce as the General Government has fought to continue growing and crushing the states. It's all about whether or not the General Government (aka "Federal" Government) has the right to interfere with the growing of food and subsequent sales and tying it all into one massive new mess:
"The consequences of independence was again explained in Harcourt v. Gaillard, 25 U.S. (12 Wheat.) 523, 526, 527 (1827), where the Supreme Court stated:
"There was no territory within the United States that was claimed in any other right than that of some one of the confederated states; therefore, there could be no acquisition of territory made by the United States distinct from, or independent of some one of the states.
"Each declared itself sovereign and independent, according to the limits of its territory.
"[T]he soil and sovereignty within their acknowledged limits were as much theirs at the declaration of independence as at this hour."
"Thus, unequivocally, in July, 1776, the new States possessed all sovereignty, power, and jurisdiction over all the soil and persons in their respective territorial limits.
"This condition of supreme sovereignty of each State over all property and persons within the borders thereof continued notwithstanding the adoption of the Articles of Confederation. Article II of that document declared:
"Article II. Each state retains its sovereignty, freedom, and independence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled."
"As the history of the confederation government demonstrated, each State was indeed sovereign and independent to such a degree that it made the central government created by the confederation fairly ineffectual. These defects of the confederation government strained the relations between and among the States and the remedy became the calling of a constitutional convention.
"The representatives which assembled in Philadelphia in May, 1787, to attend the Constitutional Convention met for the primary purpose of improving the commercial relations among the States, although the product of the Convention was more than this. But, no intention was demonstrated for the States to surrender in any degree the jurisdiction so possessed by them at that time, and indeed the Constitution as finally drafted continued the same territorial jurisdiction of the States as existed under the Articles of Confederation. The essence of this retention of state jurisdiction was embodied in Art. I, § 8, cl. 17 of the U.S. Constitution, which defined federal jurisdiction as follows:
"To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings."
"The reason for the inclusion of this clause in the Constitution is obvious. Under the Articles of Confederation, the States retained full and complete jurisdiction over lands and persons within their borders. The Congress under the Articles of Confederation was merely a body which represented and acted as agents of the separate States for external affairs, and it had no jurisdiction within the States. This defect in the Articles made the Confederation Congress totally dependent upon any given State for protection, and this dependency did in fact cause embarrassment for that Congress. During the Revolutionary War while the Congress met in Philadelphia, a body of mutineers from the Continental Army surrounded the Congress and chastised and insulted its members. The governments of both Philadelphia and Pennsylvania proved themselves powerless to remedy this situation, so Congress was forced to flee first to Princeton, New Jersey, and finally to Annapolis, Maryland. Thus, this clause was inserted into the Constitution to give jurisdiction to Congress over its capital, and such other places which Congress might purchase for forts, magazines, arsenals and other needful buildings wherein the State ceded jurisdiction of such lands to the federal government. Other than in these areas, this clause of the Constitution did not operate to cede further jurisdiction to the federal government, and jurisdiction over those areas which had not been so ceded remained within the States."
Please take the time to read the full legal analysis Federal Jurisdiction if you haven't already as I refer to it often. It is lengthy, but critical in understanding the new battle now underway over the food "safety" bill. Putting control of our food supply in the hands of Washington, DC, is tantamount to committing suicide as a free nation. (Bookmark it for over the weekend or a coffee break.) Control is the name of their game and we cannot allow that "law" to be implemented within our states.
How about the cost of H.R. 2751? Oh, that one is a gem. What does the actual language say - the version passed? That would be Sec. 405:
"The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled 'Budgetary Effects of PAYGO Legislation' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage."
Pay as you go? Pay with what? The people's purse has been raped to the tune of $14 TRILLION dollars with over $202 TRILLION dollars in liabilities for social security, Medicare and prescription pills. Pay with what as you go? You know what this is? More packaged bull manure. According to the CBO (Congressional Budget Office) the cost is: 0
"H.R. 2751 would increase federal efforts to ensure the safety of commercially distributed food. H.R. 2751 would stipulate that the failure to comply with new requirements, such as mandatory recalls and risk-based preventive controls, could result in the assessment of civil or criminal penalties. Criminal fines are recorded as revenues, then deposited in the Crime Victims Fund, and later spent. Enacting H.R. 2751 could increase revenues and direct spending, but CBO estimates that the net budget impact would be negligible for each year."
Where will those fines come from? Americans in our ag industry trying to make a living from growers to distributors.
-- check Sec. 11 which gives the endless list of programs and activities exempt from PAYGO rules. "Outlays not subject to offsetting revenues include Social Security payments, all programs administered by the Department of Veterans, net interest on debts, and income tax credits. Over 150 additional programs, funds, and activities are listed under section 11 as exempt from the law including outlays to Fannie Mae, Freddie Mac, the FDIC, Health Care Trust Funds, the Postal Service Fund, low-rent public housing loans and expenses, and the Special Inspector General for the TARP program."
Go look at Sec. 11 and all those exempt from the nonsense called pay as you go. Pay as you go with debt because every penny being spent is borrowed. Oh, and be sure and reelect (as America just did) all those incumbents again in 2012 who made this crap possible.
If their figures are correct, someone is lying about the cost of that bill.
What can be done?
Some are recommending you call your congress critter and ask them to defund the food act. NO. To leave it on the books as somehow constitutional is simply to prolong the misery while the machine grinds away creating all those new commissions and federal paychecks.
To leave it on the books while the political animals in Congress play their games will allow the Federal Death Administration to sink their teeth into the states, farmers and food growers and then we'll hear, "Well, it's too late to do anything more."
Either the states go for the jugular or they will remain under the iron fist of a tyrannical government. This column is an excellent update on Wyoming, Georgia and Kentucky. Wyoming -- SHAME on that agriculture committee for defeating the bill. Wyoming does not have recall, but, by golly, come Nov. 2012, the voters can throw out the four fools who voted against the bill. Vermont has a resolution, but it has no teeth.
YOU need to contact your state representative and senator. Print out a copy of Franklin's two bills (in the link above) and the bill drafted by Kentucky Farmers and Consumers (also in the link above). Send them in a short letter (snail mail - not email). Cut and paste from this column if you want, but remind them the states have the right to pass this type of legislation as well as nullification.
Please don't put this off until after the basketball game or football game or fun times over the weekend. Knowledge is no good without action. Most states have a very short session;
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the opinion of the author and is provided for educational purposes only.
It is not to be construed as medical advice. Only a licensed medical doctor
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