Date:   1/3/2008 12:28:06 AM ( 16 y ago)
Popularity:   message viewed 1260 times
URL:   http://www.curezone.org/blogs/c/fm.asp?i=1076092

Raw milk lovers will be better informed and therefore more empowered by being aware of all the perspectives relating to the raw milk controversy. There is one essential perspective that I haven't directly addressed here (and that needs to be seen now) and that is to look at this issue from the Rights sphere.

An "Injunction" in this situation would only be considered if there is a valid claim of verifiable injury (and in this case that would be regarding the Constitutionally Protected Right to Contract) and after all "administrative procedures" have been exhausted.

The Constitutionally Protected Right to Contract:
Article I, Section 10 say that "No state shall ... pass any ... law impairing the obligation of contracts ..."

This is a crystal clear limitation on every California State legislator!
Any legislator who has enacted the recent "law" on raw milk can be held liable for the financial losses of the dairies in every instance when the dairy's milk is prohibited by State/County agents from being delivered to retailers. That prohibition would be "impairing the obligation of contracts"! (Keep in mind we are looking at this from the Rights perspective and not "health & safety" or any other perspective.)

The legitimate function of government is primarily to protect the Rights of the people. California is obligated by the "supreme law of the land" and by it's own constitution to protect the rights of the people and in this instance "the Right to contract"! I wonder if the legislators had thought about the impact that their legislative act could have on the raw milk dairies and their business contracts with retailers. If each and every legislator were to get a bill for all the financial losses from the dairies I imagine they would very quickly begin thinking about their act and it's full impact!

Providing there is evidence of a pre-existing contract between dairy and retailer the dairies have the right to bill the legislators for each day that they sustain losses on account of government blocked milk delivery. Let's see now, I roughly estimate there are about 30,000+ customers at over $10/week = $300,000 or more divided by 7; probably = over $42,000 per day! I don't know how many legislators were involved in this act but when it's all figured out I know their bill will be nothing for the legislators to sneeze at!


I Just watched a video (linked below) about a judge who is really big on people's rights and I highly recommend it for all with an American spirit!
Chef


http://reason.tv/video/show/178.htm


Chef Jem
Executive Producer:
"The Raw Milk Controversy: Fact & Fiction"
at:
http://www.archive.org/details/TheRawMilkControversyFactFiction



http://chefjem.stumbleupon.com/



http://rawmilkcontroversy.weebly.com/



 

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