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From Justice Scalia's dissent in the Obamacare case, N.F.I.B. v. Sebelius: Quote: Although this is from the dissent, Scalia's dissent, Scalia's opinion, combined with Judge Robert's opinion, establishes that one cannot be compelled to engage in commerce under the federal commerce power...

It's amazing sometimes what you find in older cases. Here's an Interesting case regarding the disposal of table scraps and food. In the case, the proprietors of a hotel also owned a farm. The owner of the hotel would take the good table scraps, separate the good from the bad, and take the...

Here's a great statement from the Michigan Supreme Court ... Quote: Doe v. Department of Social Services, 439 Mich. 650, 692-693 (1992) (Levin, concurring). Now, this case did deal with a question of whether the state was required to pay for an indigent person's abortion. You must always...

Food for sale that is putrid and unsafe to eat is a nuisance in and of itself and can be seized and destroyed without notice and a hearing. See North American Cold Storage v. Chicago, 211 U.S. 306 (1908).

I have been trying to add to the catalog of cases to address various issues, and in particular, zoning issues and how they interfere with fundamental rights. I need to get back to this thread and one of the cases I need to discuss is Wickard v. Filburn, 317 U.S. 111 (1942).

In the case of Dandridge v. Williams, 397 U.S. 471 (1970) the court decided whether Maryland's system of benefits violated the 14th Amendment. The plaintiffs argued that cutting off benefits after a certain household size violated their rights as the legislation was discriminatory. In this...

Another Supreme Court case ... Mugler v. Kansas, 123 U.S. 623 (1887). In Mugler, the defendant was charged with violating a law that made it a crime to manufacture and sell alcohol. The argument made by the defendant was that the state did not have the authority to prohibit the production of...

As I indicated in the original post to this thread, one must be careful how to frame a right to food. It is one thing to say that I have a right to provide my own food, and that the government should not interfere with the raising and growing of my own food. It is a completely different...

Thomas Jefferson, considering the cultivation of the land a "fundamental right to labor the earth": Quote:

“Food, clothing and shelter are perhaps more fundamental to life than free speech, freedom of worship and other inalienable rights. But the Constitution expressly guarantees those freedoms without assuring the basics for survival--food, clothing and shelter. The simple answer, based on the...

" I have always supposed that the gift of life was accompanied with the right to seek and produce food, by which life can be preserved and enjoyed, in all ways not encroaching upon the equal rights of others. I have supposed that the right to take all measures for the support of life, which are...

The first issue in defending your right to raise animals is to understand a distinction in the law between different kinds of animals. The common law distinguishes between two classes of animals: (1) wild animals / game (ferae naturae), and (2) tame animals (domitae naturae). In the case of...

I was reading the thread in this section on the challenge in Canada on the "Right to Food." Of course, being an attorney, I was intrigued by that thought and wondered what case law there might be in the United States on that concept (after all, the U.S. and Canada do share a common law...