“How can government make raw milk illegal which has been legal for thousands of years? How, in a free country, can government oppress, when it has the ability to harmonize? Our government was based upon a several thousand year tradition of natural law having a presumption of liberty which allowed the state to pass any law to protect the general welfare of society, but no law could go beyond necessity to remedy the perceived harm, tailored for minimal infringement upon personal liberties. Absent harm, there could be no legislation. This protected the rights of individuals and society, and made us a free country:
The individual should be granted all the rights consistent with public safety [secured] by an authorized resort to the courts for their protection against all hostile legislation which is not required by considerations of the public health or safety. In the absence of such considerations those rights are alike immutable; in their presence they must alike yield. State v. Gravett, 62 NE 325 (1901).
We lost our liberties when we lost our resort to the courts. In 1931 in O’Gorman v. Hartford, 282 U.S. 251, the Supreme Court, in a single sentence and without argument or constitutional amendment, replaced the presumption of liberty with the presumption of constitutionality, making Congress the judge of the constitutionality of its own laws, thereby removing the requirement of necessity. Since then, government can protect from bad milk by simply prohibiting raw milk, and there is no recourse to the courts to protect our liberties.
The Supreme Court did not have the power to change our form of government and destroy our liberty. Raw milk has been safely consumed for thousands of years, and since the federal government’s own data shows that raw milk is safe, there is no power to prohibit it.
“The government, under the guise of regulation, cannot prohibit or destroy.” Marymont v. Banking Board, 33 Nev. 333 (1910).
Here is our remedy: While government can protect society from harm, it is self evident that absent harm to society, government cannot protect individuals against our will, converting us into wards of state, violating our God-given free will. We can waive the protection of government, and contract with a milk producer to buy his raw milk; since there is no consideration of public safety, government intervention is precluded…”