To review, the government claims a prerogative to impose any and every kind of regulation and mandate upon so-called interstate commerce. “Interstate commerce” can mean any activity which crosses state lines, but it also means, according to SCOTUS rulings, any activity which by any stretch of the imagination could be said to affect this cross-border commerce.
Thus in the case of Wickard v. Filburn
, among others, the court found for the government that not only selling something into the commerce stream, but withholding something from it, falls under the government’s power prerogative. This logic has recently been extended further. Since the passage of the health racket bailout, there have been several court challenges to the poll tax it imposes in the form of a mandate to buy worthless insurance policies. There have been conflicting decisions in the lower courts, but those who found for the rackets
did so on the basis that the commerce clause power extends not just to activity withheld from the economy, but to inactivity
, to mere existence itself.
We see how the term “totalitarian” is not hyperbole. According to the system’s laws, courts, and constitutional interpretations, there is literally nothing the government cannot order us to do or not to do under the commerce clause, as long as the activity or inactivity can by any stretch of the imagination be linked to the economy. Obviously, anything can be so linked.
(Of course commodification and globalization, chosen and imposed by government policy, render all activity “interstate”. We also see how the existence of the states themselves, which are for the most part arbitrary according to any geographic or political measure, is used to aggrandize central government power. Federalism was never anything but a scam. The goal from the 1788 start was centralized empire. So we see how the commerce clause was a ticking time bomb from day one. It’s now being exercised according to its full tyrannical logic.)
Revolving door corporate bureaucrats could issue fiats banning medicinal herbs or vitamin supplements, while requiring all growers right down to the backyard gardener to use any kind of synthetic fertilizer, pesticide or herbicide, hormone in an animal, or GMO seed. As always in this connection, let me remind the reader that if Obama’s health racket mandate is allowed to stand, that will provide another precedent for any and every corporate mandate. The exact same logic will allow the FDA or even the WTO to “constitutionally” force us to buy, for example, GMO seeds.
A more “conventional” use of the power, meanwhile, is the FDA’s claim that it can criminalize individual consumption of raw milk (that is, milk) if the citizen crosses one of these phony borders in the course of getting the milk.
Under pressure of direct action by the Raw Milk Freedom Riders
, who have publicly and defiantly crossed state lines with their milk, the cowards at the FDA have announced, in all their elitist magnanimity, that they won’t seek to prosecute individual citizens for such acts, for now.
14 A provision of the FDCA, 21 U.S.C. § 321(b), defines “interstate commerce” to mean “(1) commerce between any State or Territory and any place outside thereof, and (2) commerce within the District of Columbia or within any other Territory not organized with a legislative body.” Courts have interpreted the purpose behind the FDCA’s interstate commerce regulation to be to “safeguard the consumer from the time the food is introduced into the channels of interstate commerce to the point that it is delivered to the ultimate consumer.” United States v. Wiesenfeld Warehouse Co., 376 U.S. 86, 92 (1964).
Thus, the purchase of raw milk by one who traveled between states to obtain it, or traveled between states before consuming it or sharing it with friends or family members, implicates “commerce between any State . . . and any place outside thereof,” see 21 U.S.C. § 321(b), “introduction of [raw milk] into the channels of interstate commerce” before delivery to an ultimate consumer, see Wiesenfeld Warehouse Co., 376 U.S. at 92, and “the interstate flow of goods” prior to delivery to an ultimate consumer, see United States v. Sullivan, 332 U.S. 689, 696 (1948). Such conduct plausibly involves “causing [raw milk] to be delivered into interstate commerce.” 21 C.F.R. § 1240.61.
So here we come back to the totalitarian commerce clause ideology.
We must be clear that this jurisprudence is not “radical” by the measure of the system courts. Few judges disagree with it at all, and those who do tend to do so only in partisan contexts. (Thus the judges who reject the health racket Stamp mandate tend to be Republican judges who have it in for Obamacare. But they don’t reject Wickard in principle.) The courts are loaded against the 99% and against any attempt by the people to take back our economies and polities. Needless to say, the same goes for the executive and legislative branches.
Trying to reform the system, or to beg for better outcomes within it, won’t work. We see the system’s terminally tyrannical and criminal intent. The commerce clause is just one example. If we want our freedom, our prosperity, our democracy, our citizenship, our human birthright, we’ll have to seize them ourselves. We’ll have to do so in spite of the system, in evasion of it and resistance to it, and where necessary in direct conflict with it.