Marcus Bangsley Thu May 13, 2010 6:27 pm
Well if your argument is that fundamentally we are less free due to this ruling I have no choice but to agree. However absolute freedom is anarchy. If you are saying we the people have no control I have to say that is incorrect. Given that we have the opportunity to vote the representatives who voted for these actions out of office and that the majority of RAW milk legislation is carried out on the state level we could eventually over turn the FDA's stance on this topic. However not enough people feel this infringes on their day to day lives to warrant a solid grass roots movement. In fact I would say not enough farmers can get together to turn this over and they are a massive lobbying force in Washington. Given that the debate for "Raw Milk" involves either organic food enthusiasts or small private farmers I would say this is an issue of financial frustration and not one of civil liberties. If the masses really cared this would change. I don't see "lact easies" springing up across the country. If there wasn't science behind pasteurization and at least some proven merit to "Raw Milk" I might feel motivated. But this will have to go down as a freedom the people willingly forfeit.
Also upon reading the court document the specific statement that you are not guaranteed a right to any food you want unfettered or freedom from bodily harm are specific to allow people the right to refuse certain treatments and to protect certain import laws as well as an enumerable additional laws. The FDA's primary purpose is to stop the spread of disease it's just too bad "Raw Milk" has a "unnecessary risk for disease". Otherwise they would have no say.
It might go down as a good argument against activist government but, you know, when they are going after ecoli laden spinach I'm not going to rely on the farmers judgment in keeping or caring to keep their products safe for consumption.
Any time someone has to use the tenth amendment, catch all, to make a constitutional argument for something as interest driven as "Raw Milk" I'm a little bored. Give me something that has more philosophical implications like the right for gays to form civil unions. Or should government regulate aspects of the internet? But we are well informed citizens and I think extremes should be left to the talking heads and pundits. Freedom in all things is not the point of government. And I will go on the record as saying it is not something I want.
I will argue that we are free in the fact that those who do find this infringement worthy can and have challenged it and I bet will continue to do so.