From a the Washington Post article on the passage of the new food “safety” bill:
The measure also gives the Food and Drug Administration the authority to recall food; now, it must rely on food companies to voluntarily pull products off the shelves. And the bill would give the FDA access to internal records at farms and food-production facilities.
That, and that alone, makes the bill unconstitutional. It’s not even debatable.
The 4th Amendment, for those of you who don’t remember:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
And the Fifth:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation
In what reading of those two passages does the FDA have any authority or power to force a company to recall a product or have access to the records of any company?
Windy Recycling Day 