Is there a right to farm?

Posted by Zenphamy 10 years, 8 months ago to Legislation
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So Missouri is Amending their Constitution to include the following: “That agriculture, which provides food, energy, health benefits, and security is the foundation and stabilizing force of Missouri’s economy. To protect this vital sector of Missouri’s economy, the right of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state, subject to duly authorized powers, if any, conferred by article VI of the Constitution of Missouri.”

So what happens to natural and individual rights not added to constitutions?


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  • Posted by $ FredTheViking 10 years, 8 months ago
    Actually, I think is a complex issue. A right to farm could be consider an extension of individaul property rights, but there some pitfalls. One potenially pitfall is what farmers do to thier land and how it affects adjacent land. For example, runoff could cause property damage to nieghor, but the farmer nullify any such claims with "Right to Farm".
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  • Posted by $ allosaur 10 years, 8 months ago
    As quick as I started to read the amendment, I thought of all the news stories I read about the EPA bullying and harassing farmers. But does not federal law trump state law?
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  • Posted by slfisher 10 years, 8 months ago
    This has been going around a number of the agricultural states. Idaho got it a year or so ago. The thing is, they sell it as the "keeping suburbanites from complaining about the cows" thing but often what it really does is give industrial agriculture free rein.

    For example, Idaho's bill says that once a piece of land is used for agriculture, people can't complain about any further agricultural uses it has. So a 40-acre plot with a one-acre cornfield in the middle becomes a 40-acre hog farm or chicken processing plant, and neighbors have no ability to protest it, which affects their personal property rights and makes it difficult for them to use and sell their land in the future.
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  • Posted by iraeise 10 years, 8 months ago
    I haven't read the Missouri (or any other state's) constitution, so I'm just guessing here, but I'd say that "natural" and "individual" rights are not specified on a state level anywhere.
    I think it's assumed (by the writers of those constitutions) that those rights are covered by the US Declaration of Independence where it says that we all have the right to life, liberty, and the pursuit of happiness.

    The right to farm and ranch is something specific to Missouri'ans (at least whoever is proposing this amendment thinks so), and isn't covered by any other "rights" that we all have.

    Maybe in today's political climate, we should think about formally listing out our "natural and individual" rights.
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  • Posted by jconne 10 years, 8 months ago
    This is just political posturing -- content free blather. What do these words denote? Nothing that I can comprehend.
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  • Posted by Temlakos 10 years, 8 months ago
    James Madison was smart: "The enumeration in this Constitution of certain rights shall not be construed as to deny or disparage others retained by the people."

    And what are those duly authorized powers? What's that all about?
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  • Posted by edweaver 10 years, 8 months ago
    Seems like a natural right to me. I understand why they are doing it but think it is a disgrace that it is needed.
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  • Posted by eilinel 10 years, 8 months ago
    This really is a problem in a number of Midwestern areas. As cities sprawl, former farmland gets turned into suburbs. Someone buys a suburban home downwind of a pre-existing farm. They then complain of the inevitable odors from said farm and try to drive the farmers out of business. I understand why Missouri did this.
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