Federal Government Shutting Down Amish Farms Over Fresh Milk Brings up Constitutional Concerns, and Fear

By Douglas V. Gibbs

The FDA assumes it has authority to dictate to an Amish farmer whether or not he can sell fresh raw milk because of the Commerce Clause, and now the federal agency has gone so far as to shut down the farm over this issue.  As per the original intent of the Commerce Clause, the FDA does not constitutionally have that authority.  The Commerce Clause was included with the other authorities enumerated in Article I, Section 8 because due to the States' disagreements, commerce between the States was not moving in a regular fashion.  The idea of the Commerce Clause was to put the flow of commerce in good order by having the federal government act as a mediator whenever the disagreements between the States caused the flow of commerce to be restricted.

When in understanding of the original intent, it is easy to see that the FDA constantly oversteps its bounds, and should not be in existence in the first place.  It is up to each State to regulate its own food quality.  It is up to the consumers to demand such standards to be in place either through their local governmental systems, or by their consumer practices.

When discussing this issue with an individual yesterday, however, I received a very interesting, and disturbing, response.

After telling this person about the FDA restricting the Amish farmer and shutting down his farm, she responded, "Well, if I were him I would just comply. Better to comply and be done with it, than to risk angering the government, or winding up in jail."

She took a position of fear from the government.  The woman I was talking to said it was better to cower and do as one is told by a tyrannical system, than to incur the wrath of the overpowering federal government.

I was reminded of an old saying, as she voiced her opinion: "When the government fears the people, there is liberty. When the people fear the government, there is tyranny."

The sad part about it is that she accepts that tyranny as just a fact of life.

-- Political Pistachio Conservative News and Commentary

Feds Shut Down Amish Farm for Selling Fresh Milk - Washington Times

Regulate: To Put in Good Order - 1828 Webster's Dictionary