Just more of the commie-traitors running our government now. On Sat, May 8, 2010 at 3:13 PM, Daniel Seigler <[email protected]>wrote:
> would SOMEONE care to explain THIS to me? what about the NINTH Amendment > to the Constitution that recognizes that NO document could possibly name ALL > rights due the living? > > > ----- Forwarded Message ---- > *From:* Robert Redwolf Belanger <[email protected]> > *To:* CCCC-USA <[email protected]> > *Sent:* Sat, May 8, 2010 6:07:20 AM > *Subject:* [CCCC-USA] FDA > > > > *FDA WANTS TO CONTROL EVERYTHING YOUR FAMILY EATS* > > > By Doreen Hannes > May 8, 2010 > NewsWithViews. com > > The Farm to Consumer Legal Defense Fund (FTCLDF) has achieved a tremendous > coup in their suit against the FDA regarding the FDA's abuses over transport > of privately owned fresh (unpasteurized) milk. In a brief the FDA filed > requesting that the case against them be dismissed for lack of standing, the > FDA has shown that they truly think we cannot decide what we want to eat or > drink without their permission. It's amazing. One would think that we could > not have possibly lived prior to the formation of the FDA just over one > hundred years ago. > > The legal brief by the FDA actually has the audacity to proclaim in the > table of contents such things as: > > *There is No Right to Consume or Feed Children Any Particular Food (pg25)* > > *There is No Generalized Right to Bodily and Physical Health. (pg26) * > > *There is No Fundamental Right to Freedom of Contract (pg 27)* > > *FDA’s Regulations Rationally Advance The Agency’s Public Health Mission > (pg27)* > > Let's have a look at the first citation above… (emphasis added) beginning > on page 25… > > …… there is no “deeply rooted” historical tradition of unfettered access to > food of all kinds….To the contrary, society’s long history of food > regulation stretches back to the dietary laws of biblical times…. Modern > food safety regulation in the United States has its roots in the early food > laws of the American colonies, which themselves incorporated “the tradition > of food regulation established in England.” …(*-citing a Virginia statute > passed in 1873, that “made it an offense . . . [to] knowingly, sell, supply, > or bring to be manufactured . . . milk from which any cream has been taken; > or milk commonly known as skimmed milk”*). Comprehensive federal > regulation of the food supply has been in effect at least since Congress > enacted the Pure Food and Drugs Act of 1906, and was strengthened by the > passage of the FDCA in 1938. *Thus, plaintiffs’ claim to a fundamental > privacy interest in obtaining “foods of their own choice” for themselves and > their families is without merit*. > > If this weren't so horribly serious it would be hilarious. > > The FDA is fighting a case that builds on the desire and right to consume > fresh (unpasteurized) milk, which the FDA maintains is a lethally dangerous > practice, by citing a law that prohibits any change of the nature of fresh > milk! > > But wait, there's more….we haven't begun to scratch the surface yet: > > *There is No Generalized Right to Bodily and Physical Health.* > > 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*. > (Emphasis added) > > I almost can not believe they were so overt in their complete and total > disregard for the most fundamental human right of all, yet their own words > convict them. If you cannot decide what food you wish to eat, you certainly > cannot even entertain the idea that you are free! The FDA has seemingly > vaunted itself to the level of parenthood over the entire nation simply by > being created via an act of Congress. Like a parent telling a four year old, > "Eat it! It's good for you!" Right…..Never mind the fact that the FDA has > refused to do any real testing on genetically modified foods, or that they > say aspartame is fine for you to drink when it becomes toxic at 85 degrees. > Don't even mention that they have refused to regulate nanofoods (smaller > than a molecule technologic creations) that your body cannot assimilate. Yet > since you don't have any "generalized right to bodily and physical health" > they can allow you to be poisoned with the continued blessing of Congress. > And the likely passage of new powers to be given to the FDA will surely be > helpful in giving us all "food safety" and healthful food. Right. Sorry, my > sarcasm should be palpable. > > > Advertisement > > According to the FDA, you don't have a right to bodily and physical health > by deciding what you want to eat or don't want to eat. They know better than > you, even better than God Almighty and don't you forget it. Just wait until > they have expanded powers under S510 and HR2749. They will almost certainly > extrapolate that authority to do home refrigerator checks on whomever they > want. > > In their final sentence under this section of the FDA's motion to dismiss, > they really hit it out of the park: > > *Finally, even if such a right did exist, it would not render FDA’s > regulations unconstitutional because prohibiting the interstate sale and > distribution of unpasteurized milk promotes “bodily and physical health.”* > > So you don't have a right to it and they are promoting your non-right by > their illustrious actions……Please. There are a myriad of studies attesting > to the healthful benefits of fresh milk. Yes, there are concerns associated > with it as well, and people should do the best they can to become educated > on the subject before making a decision for themselves, but this hyperbolic > 'public good' claim is farcical at the least. Particularly when the FDA has > so miserably failed in their charge to inspect processing facilities and > imports. A recent Office of the Inspector General (OIG) report revealed that > the FDA has inspected less than 25% of the facilities they are charged with > inspecting in five years. They inspect LESS than 1% of imports and allow the > aforementioned biotech and nanotech foods to enter the food supply without > the slightest flinch on their part. All the while they proclaim they are > performing a public good. > > The final affront to all that is decent in this FDA legal brief follows: > > *There is No Fundamental Right to Freedom of Contract* > > In arguing that FDA’s regulations violate substantive due process because > they interfere with plaintiffs’ “contract rights” by “restricting the use of > an agent to accomplish what the principal herself ought to be free to do,” > plaintiffs ask this Court to resuscitate long-dead, Lochner-era > jurisprudence. See *Ferguson v. Skrupa*, 372 U.S. 726, 729 (1963) (“There > was a time when the Due Process Clause was used by this Court to strike down > laws which were thought . . . incompatible with some particular economic or > social philosophy,” but that doctrine “has long since been discarded). > Plaintiffs anachronistic invitation should be rejected. > > The excerpt above has deeper implications than one might realize at a > glance. In my estimation it has a terrific amount to do with many of the > obtuse rulings the state and federal courts have delivered. We are being > told that we do not have the right to make agreements. Evidently, all > agreements have been made for us by our superiors. > > Historically, the only people without the right to contract are minors, > felons and slaves. Obviously, we cannot be minors because we can never reach > the age of majority wherein we are free to decide what we eat for ourselves. > So we are either felons or slaves. Which category we have been relegated to > is open for discussion, but we certainly are not free. To boldly state that > we have no right to freedom of contract is an astonishing, and revealing, > admission. > > To boldly state any one of the cites above is astonishing. We have no right > to decide what we eat or don't eat, we have no right to bodily and physical > health, we have no right to contract, and the FDA is 'rational'. So saith > the FDA…. in Case 5:10-cv-04018- MWB, Document 11-1 filed on 04/26/10. > > ** > > The FDA believes that we are too stupid to swallow. 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