Originally posted by vivifyThe Commerce Clause was enacted in large part to end such State enacted restrictions on interstate trade. How chickens are treated in other States is not a legitimate concern of the California legislature.
Okay. California's not telling any state how to produce eggs. It's simply saying it only accept eggs from chickens raised in better conditions.
EDIT: For reference, the complaint filed is here: http://online.wsj.com/public/resources/documents/020414eggcomplaint.pdf
Originally posted by no1marauderFinally vivify and you hone in on what I am wondering about.
The Commerce Clause was enacted in large part to end such State enacted restrictions on interstate trade. How chickens are treated in other States is not a legitimate concern of the California legislature.
EDIT: For reference, the complaint filed is here: http://online.wsj.com/public/resources/documents/020414eggcomplaint.pdf
Originally posted by no1marauderWhen you say it's not legitimate concern, do you mean California isn't actually concerned about poultry conditions, or that California doesn't have the legal right to act on their concern in this specific way?
The Commerce Clause was enacted in large part to end such State enacted restrictions on interstate trade. How chickens are treated in other States is not a legitimate concern of the California legislature.
EDIT: For reference, the complaint filed is here: http://online.wsj.com/public/resources/documents/020414eggcomplaint.pdf
Originally posted by vivifyStates don't have rights.
When you say it's not legitimate concern, do you mean California isn't actually concerned about poultry conditions, or that California doesn't have the legal right to act on their concern in this specific way?
California has the legitimate legal power to act on how poultry are housed in the State of California. They have no such legitimate power under the US Constitution to concern themselves on how poultry are housed in Missouri.
Originally posted by no1marauderOkay. But this is probably a case where the law violates ethics, and needs to be altered. We'll see what happens.
States don't have rights.
California has the legitimate legal power to act on how poultry are housed in the State of California. They have no such legitimate power under the US Constitution to concern themselves on how poultry are housed in Missouri.
Originally posted by no1marauderThey are not legislating on how chickens whose eggs are not marketed in California are housed. They do not require that any Missouri eggs be sent to California. Ipso facto, they are not concerning themselves with how chickens are housed in Missouri, unless the eggs of said chickens are marketed in California. Edit: I am just stating facts.
States don't have rights.
California has the legitimate legal power to act on how poultry are housed in the State of California. They have no such legitimate power under the US Constitution to concern themselves on how poultry are housed in Missouri.
Originally posted by JS357Of course they are. They are banning eggs from other States that do not comply with provisions of California law regarding how chickens are housed. That is legislating on how Missouri farmers house their chickens. This is impermissible under the Commerce Clause; the Congress could set national standards regarding such matters concerning eggs in interstate commerce, but individual States may not.
They are not legislating on how chickens whose eggs are not marketed in California are housed. They do not require that any Missouri eggs be sent to California. Ipso facto, they are not concerning themselves with how chickens are housed in Missouri, unless the eggs of said chickens are marketed in California. Edit: I am just stating facts.
Originally posted by JS357It seems to me that California is simply limiting Californians to purchasing eggs that cost about double. Californians ought to be griping, not Alabamans.
Eggs and States' Rights
quote:
MONTGOMERY, Ala. – Alabama Attorney General Luther Strange announced Thursday that the state has joined a lawsuit to block California from imposing some of its own agricultural standards on out-of-state producers.
Alabama and at least four other states are looking to prevent California from requiring that only eggs from ...[text shortened]... in from other states?
http://www.ocregister.com/articles/california-604622-state-alabama.html
My local markets offer a choice. Of course that choice, among others, is denied Californians.
Originally posted by normbenignThe law regarding the size of poultry pens (among other things) in California was passed by popular referendum with 63% voting in favor. http://en.wikipedia.org/wiki/California_Proposition_2_(2008)
It seems to me that California is simply limiting Californians to purchasing eggs that cost about double. Californians ought to be griping, not Alabamans.
My local markets offer a choice. Of course that choice, among others, is denied Californians.
Originally posted by JS357😀 LOL. This illustrates what I said in another thread, that the left and right seem equally dedicated to fascism depending on whose liberty is being infringed upon.
Notoriously liberal states Nebraska, Alabama, Oklahoma, Kentucky and Iowa joined Missouri in the lawsuit to have the federal government distort the commerce clause against the legitimate interests of proudly conservative Californians.
Welcome to whodeyland.
Yeah, I know California is a huge market, but there are still 49 States to sell eggs to, and multiple foreign countries. I don't envision myself paying double the price for eggs to accommodate the comfort of some anonymous chickens.
Originally posted by no1marauderSo Californians are getting what they collectively asked for. I am just glad to have the choice to purchase what I want, not what a slim majority voted for. Popular referendums are the worst sort of democracy, which Madison warned about in the Federalist papers.
The law regarding the size of poultry pens in California was passed by popular referendum.
Originally posted by normbenignI realize you wrote before seeing my edit, but 63% is hardly a "slim majority".
So Californians are getting what they collectively asked for. I am just glad to have the choice to purchase what I want, not what a slim majority voted for. Popular referendums are the worst sort of democracy, which Madison warned about in the Federalist papers.
Right wingers seemed to have developed an absolute hatred of democracy. I don't think Madison had anything to say about referendum.