Amish farmer thrown in jail by FDA for not having "approved" medicine

Wescli Wardest wrote:

Warning: Spoiler!

Long and short of it; as I, a mere common person, can tell… the FDA is a group of regulators that have been given the ability to pass regulation into legislation with the penalties reserved for law. They are not voted on, nor are the regulations they pass. There is only what they say, and how they decide you are in violation of whatever they deem to be their standard. Seems a bit fascist to me.

As far as I can tell from reading the Constitution, Federal authority over food and drugs is not granted; in fact, food and drugs are not mentioned in the Constitution at all.

Per the Tenth Amendment to the Constitution:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Because the Constitution does not grant the federal government any authority with regards to regulation of food and drugs, the Tenth Amendment explicitly leaves that power with the individual states.

Another PDF worth reading…

FDA’s Regulatory Framework - An Overview
Lawrence Bachorik, Ph.D., Assistant Commissioner for Communications,
Office of External Affairs, Office of the Commissioner

https://www.fda.gov/downloads/InternationalPrograms/NewsEvents/UCM414990.pdf



I recognize that some measures need to be implemented for the protection of consumers. That said, as far as I am concerned the FDA, EPA and OSHA are nothing more than groups of federally empowered henchmen.

Surely the states have given that power away to the fed, just not through the constitution?

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ren wrote: Surely the states have given that power away to the fed, just not through the constitution?

I can find no evidence that the authority of the state was given to anyone. But, I can find where the federal government took the authority away during the creation of administrative bodies such as the FDA, EPA and a myriad of other alphabet soup agencies. .
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Edit, addition made…

Not only that, the Due Process described and guarantied in the Constitution is directly violated by the actions and regulation enforcement of these agencies. That is one reason I posted the book and audio link in the previous post.

Unfortunately ALOT of things that have the actual on them aren't in any constitution or anything remotely real, I've noticed in my own life there is a fear or a UN understanding and most are taken advantage of thru fear. Public servants And officers who use this to find things out things not by law but by influence. Much chains. Most are not there. Some are implied . It's hard. No one can pull me over I don't speed ever or swear be or not use my lights for signaling ... Every time so when I am pulled over I ask simply am I being detained . I don't ack like a jerk. Some day I hope soon we will be able to have the pride and ... AND the wisdom to do so. It's hard but there is a sense of bully to it hu ? I see it not only in this but in many things. It's up to us to take charge and vote those dopes in or out ... Or did we forget they who make those desisions have to be .. Chose by us ? . ... I know this year I won't be voting in my upcomings for those who don't have my ideas in mind ... Aka off grinder haters lol

What a terrible story.

I really don't think a father of 12 (12?! :blink: ) deserves to be jailed for this.

That said, I can't understand the [strike]stupidity[/strike] naiveness of this man in not getting proper legal counselling after the first offense. The most logical thing would've been to get legal counselling as to what he can or cannot do, follow through, and thus avoid the wrath of the Law.

I really don't think a father of 12

That has sod all to do with the "crime" such as it is. It should not have been in the original article, and it should not be used by as as a guide to his character or suitability for gaol.

The most logical thing would've been to get legal counselling as to what he can or cannot do, follow through, and thus avoid the wrath of the Law.

Is that like "when the world is on acid, start taking acid" ?

If (to this man or others) the laws as they stand seem like a giant crock, then "buying into" the system that uses them might feel like madness.

JamesSand wrote: If (to this man or others) the laws as they stand seem like a giant crock, then "buying into" the system that uses them might feel like madness.

What other choice is there? It's not like there are enough unclaimed territories for him to move to and establish his own country.

There is always the choice to accept the laws and live by them but not be fully dependent on them . I know the law yet it I live in a way it does not effect me. Big words from on small man but the truth to it is we rely on everything even the law to tell us what to do. How to do it , when to do it . It's a great balancing feat ! I'll tell u that much and worth the disinclined character that comes from it. No law will keep me fr my day to day ... No law should really I think . My own opinion there . Hope that helps a bit

Carlos.Martinez3 wrote: There is always the choice to accept the laws and live by them but not be fully dependent on them . I know the law yet it I live in a way it does not effect me. Big words from on small man but the truth to it is we rely on everything even the law to tell us what to do. How to do it , when to do it . It's a great balancing feat ! I'll tell u that much and worth the disinclined character that comes from it. No law will keep me fr my day to day ... No law should really I think . My own opinion there . Hope that helps a bit

Exactly. I see no reason he could have simply followed the law, rather than go "to hell with it, this is crap and doesn't apply to me".

Still, I do not understand what's up with the US and drug convictions; you are too harsh on your drug dealers and too bland on your sexual offenders.

What other choice is there? It's not like there are enough unclaimed territories for him to move to and establish his own country.

Not quite what I was suggesting.

Yes, he could lawyer up - in a perfect world the system would find the flaws, and fix them, and then his efforts would benefit (aside from himself) the next person in similar circumstances.

(on the other hand, it might create a loophole that benefits the next medicinal ice dealer, claiming it helps students study or something)

but, he's not a lawyer, he lives out of the way a bit, and has probably never watched an episode of Ally McBeal.

I can see how he might imagine getting lawyers and jumping through hoops is not how things should be, and believes if he stands up as an honest man and states his case, then all will be well

(he was wrong, but such is life)


I didn't quite say what I wanted there, but I'm a bit off kilter at the moment....