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California’s Chicken Law
and the Commerce Clause

American Magazine, by Blake Hurst

Original Article

Posted By:eagleblurst, 1/16/2014 11:05:57 AM

In early December, Missouri’s Attorney General Chris Koster told a gathering of farmers that he would soon file suit against the state of California. Recent legislation passed in California limiting out-of-state egg imports has affronted Koster’s conception of the Constitution’s Commerce Clause; he’s headed to court, much to the delight of the Missouri farmers in his audience. To envision a bunch of farmers sitting around hashing out the Commerce Clause is somewhat mind-boggling. Farmers are forced to be competent in a lot of fields—pun fully intended—but expertise in the most thorny and controversial parts of the Constitution would

Comments:
Long headline split by staff

      


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Reply 1 - Posted by: HPmatt, 1/16/2014 11:48:22 AM     (No. 9694399)

What´s so unusual about farmers and the CC? This is the rubric that FDR and the Federal Government/SCOTUS used to get control over farmers in violation of the constitution. Wickard v. Filburn the Feds said they had the right to control wheat production even though the farmer was just growing it for his own livestock production and had NO intent to sell it across state lines.



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Reply 2 - Posted by: Zarin, 1/16/2014 12:18:47 PM     (No. 9694449)

IIRC one of FDR´s objectives was to force the family off the family farm. A huge proportion of Americans (70%??)were farmers before WWI. FDR´s Agriculture department geeks saw these family farms as inefficient and poorly managed. FDR targeted them.

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Reply 3 - Posted by: JimJr, 1/16/2014 2:41:25 PM     (No. 9694636)

This is actually what the commerce clause was written to prevent.

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