Part Three Liberty and Equality, June 26, 2015
RAISINS
Now this is a cute
one. The Government can’t take your RAISINS and give them away for welfare! No
matter the fact that this has been happening since 1937!! Is SCOTUS Democratic
or Republican? NEITHER. Talk about TURKEYS in Congressional bills, what about RAISINS?
The RAISIN case emanating from the California Courts presents “the issue of
rights under the US Constitution’s 5th Amendment: governmental TAKING of
PERSONAL PROPERTY WITHOUT JUST COMPENSATION. See HORNE ET AL. v. DEPARTMENT OF
AGRICULTURE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH
CIRCUIT No. 14–275. Argued April 22, 2015—Decided June 22, 2015
“The Agricultural
Marketing Agreement Act of 1937 authorizes the Secretary of Agriculture to
promulgate ‘marketing orders’ to help maintain stable markets for particular
agricultural products.” The marketing order for raisins established a RAISIN
ADMINISTRATIVE COMMISSION (how much does that cost us?) that imposes a reserve
requirement—a requirement that growers set aside a certain percentage of their
crop for the account of the Government, free of charge. The Government makes
use of those raisins by selling them in noncompetitive markets, donating them,
or disposing of them by any means consistent with the purposes of the program
(i.e., welfare). If any profits are left over after subtracting the
Government’s expenses from administering the program, the net proceeds are
distributed back to the raisin growers. (What’s the likely hood of that?) In
2002–2003, raisin growers were required to set aside 47% of their raisin crop
under the reserve requirement, in 2003–2004, 30 PERCENT.
Mr. and Mrs. Horne and their family are raisin growers who refused to set aside any raisins for the Government on the ground that the reserve requirement was an unconstitutional taking of their property for public use without just compensation. (Shame on the Hornes for not following the rules!)The Government fined the Hornes the fair market value of the raisins as well as additional civil penalties for their failure to obey the raisin marketing order. (RAISIN lovers should celebrate the law for enforcement penalties!) The lower CALIFORNIA court held that, “as in cases allowing the government to set conditions on land use and development, the Government imposed a condition (the reserve requirement) in exchange for a Government benefit (an orderly raisin market).” It held that the Hornes could avoid relinquishing large percentages of their crop by “planting different crops.”
SCOTUS determined that “the Fifth Amendment requires that the Government pay just compensation when it takes personal property, just as when it takes real property. Any net proceeds the raisin growers receive from the sale of the reserve RAISINS goes to the amount of compensation they have received for that taking—it does not mean the raisins have not been appropriated for Government use. Nor can the Government make raisin growers relinquish their property without just compensation as a condition of selling their raisins in interstate commerce. (Shame on all Congress for passing such an UNEQUAL law.) The 5th Amendment applies to personal property (RAISINS) as well as real property (the land the RAISINS grow on). The Government has a categorical duty to pay just compensation when it takes your car, just as when it takes your home. Therefore, the Government can’t take your RAISINS!
How does a law have the political support of everyone for 78 years, continued theft from raisin growers of billions of dollars, and support the liberty of raisin growers or establish EQUALITY among taxpayers by making one portion pay more while others get free raisins? Why didn't raisin growers everywhere file a suit against the Agricultural Commission by 1940? Do soldiers get free raisins? Where's the line..... Is it right to blame the President for the actions of the Congress and the complacency of society? Dumb growers.
Mr. and Mrs. Horne and their family are raisin growers who refused to set aside any raisins for the Government on the ground that the reserve requirement was an unconstitutional taking of their property for public use without just compensation. (Shame on the Hornes for not following the rules!)The Government fined the Hornes the fair market value of the raisins as well as additional civil penalties for their failure to obey the raisin marketing order. (RAISIN lovers should celebrate the law for enforcement penalties!) The lower CALIFORNIA court held that, “as in cases allowing the government to set conditions on land use and development, the Government imposed a condition (the reserve requirement) in exchange for a Government benefit (an orderly raisin market).” It held that the Hornes could avoid relinquishing large percentages of their crop by “planting different crops.”
SCOTUS determined that “the Fifth Amendment requires that the Government pay just compensation when it takes personal property, just as when it takes real property. Any net proceeds the raisin growers receive from the sale of the reserve RAISINS goes to the amount of compensation they have received for that taking—it does not mean the raisins have not been appropriated for Government use. Nor can the Government make raisin growers relinquish their property without just compensation as a condition of selling their raisins in interstate commerce. (Shame on all Congress for passing such an UNEQUAL law.) The 5th Amendment applies to personal property (RAISINS) as well as real property (the land the RAISINS grow on). The Government has a categorical duty to pay just compensation when it takes your car, just as when it takes your home. Therefore, the Government can’t take your RAISINS!
How does a law have the political support of everyone for 78 years, continued theft from raisin growers of billions of dollars, and support the liberty of raisin growers or establish EQUALITY among taxpayers by making one portion pay more while others get free raisins? Why didn't raisin growers everywhere file a suit against the Agricultural Commission by 1940? Do soldiers get free raisins? Where's the line..... Is it right to blame the President for the actions of the Congress and the complacency of society? Dumb growers.
