Tag Archives: FDR

The Concept Of Human Rights

This, this right here, is what is wrong with America today.  When you hear words like this, ideas like this, thoughts like this, run.

Run for your very life.  Because somewhere, someone is wanting to restrict your liberty in the name of charity:

Wickard v. Filburn

The Supreme Court decision that started it all.

See, a long time ago, in 1942, a small time farmer, Roscoe Filburn, grew wheat for consumption by his animals on his private property.  He was doing nothing more than growing food for his own personal use and had no intention of selling it.

This violated the government limit on wheat production per acre.  Mr. Filburn was ordered to destroy some of his crop and pay a fine.  Being a reasonable man, Mr. Filburn declined.

See, the Federal government at the time felt that one of the ways out of the Great Depression was to raise the price of wheat.  And to do that one had to control the supply; so they imposed a limit per acre.  The case made its way all the way to the Supreme Court where they decided that had Mr. Filburn NOT produced the extra wheat, he would have been forced to purchase it market prices.  Wheat, being subject to a national trade, was therefore granted regulatory viability under the Commerce Clause.

In the office I work at, we call that Un-fuckin’-believable.

And to make matters worse is the back story.

See, the Supreme Court at the time was not a Liberal court, on the contrary, it was Conservative.  However, the President was one of the worst in History; FDR.  See, he threatened the court that if they did not side with his agenda, he would simply appoint additional members to the Supreme Court until he had the majority he needed.  The Court, not wanting their power and influence diminished, gave FDR the decision he wanted.

What amount of tragedy would have been avoided had Wickard v. Filburn been adjudicated according to Liberty and law?  The horrors of dictatorial power in the hands of the gentle Left.

A Thought Occurred To Me

The bedrock principle that the authors of Obamacare used to legally justify the federal government regulating health insurance is the “Commerce Clause”.  Basically, this clause states that the federal government has the right to regulate all interstate trade to ensure that the economic interests of America are met.

Except, health insurance is not allowed to be sold across state lines.

It’s not inTER-state trade.  In’s inTRA-state trade.

Ahhh….but I forgot.

Wickard v. Filburn, 317 U.S. 111 (1942), was a U.S. Supreme Court decision that dramatically increased the power of the federal government to regulate economic activity. A farmer, Roscoe Filburn, was growing wheat to feed his chickens. The U.S. government had imposed limits on wheat production based on acreage owned by a farmer, in order to drive up wheat prices during the Great Depression, and Filburn was growing more than the limits permitted. Filburn was ordered to destroy his crops and pay a fine, even though he was producing the excess wheat for his own use and had no intention of selling it.

The Supreme Court, interpreting the United States Constitution’s Commerce Clause under Article 1 Section 8 (which permits the United States Congress “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”) decided that, because Filburn’s wheat growing activities reduced the amount of wheat he would buy for chicken feed on the open market, and because wheat was traded nationally, Filburn’s production of more wheat than he was allotted was affecting interstate commerce, and so could be regulated by the federal government.

Long ago the Leftists felt that they had the answer to the Great Depression.  And they passed many laws intended to help us through this great time.  However, they were illegal laws and the Supreme Court struck them down.

Then FDR:

…sought to counter this entrenched opposition to his political agenda by expanding the number of justices in order to create a pro-New Deal majority on the bench.

{His} legislation was unveiled on February 5, 1937 and was the subject, on March 9, 1937, of one of Roosevelt’s Fireside chats. Shortly after the radio address, on March 29, the Supreme Court published its opinion upholding a Washington state minimum wage law in West Coast Hotel Co. v. Parrish by a 5–4 ruling, after Associate Justice Owen Roberts had joined with the wing of the bench more sympathetic to the New Deal.

So, because FDR was a thief who stole the right of a citizen from growing enough wheat to feed his animals, we now have to live through a law that seeks to regulate inter-state trade of a commodity that is illegal to sell inter-state.