Paul Griepentrog (c)copyright 2011 All Rights Reserved

 WISCONSIN REPORTS

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DATCP JUDGE/JURY/ExecutionerThat’s what Dr. McGraw has determined I am, despite DATCP’s statements and records showing they registered my location and lack any reason for the visits or denial of my open records request.  Nice to know he is judge and jury all in one, must save a lot of time and expense for the state.

   There are a myriad of irregularities between the statute regarding premises registration and the rules written and enforced by DATCP.  Such irregularities are to be addressed by administrative hearing upon petition by aggrieved party.  On November 22nd 2010 I filed a Request for Hearing and Declaratory Ruling with the office of the defacto Secretary Randy Romanski. There was no response, as such my next move would be to petition the circuit court for appeal and seek an order of remand.  This is where things get sticky, as all such actions must be filed in Dane Co. Wisconsin, a blatant denial of due process and equal protection under the law for anyone living in the other 71 counties in this state.

The incoming governor Scott Walker has made this a priority and has promised to declare a state of economic emergency to address the rule making authority of administrative agencies and install an overview in order to prevent further rulemaking from completely choking the economy.

A component of this proposal would be to allow the circuit courts within each county to hear such cases and effectively break up the monopoly in Dane Co.

My concern lies in the declaration of economic emergency, and whether another one would be beneficial to the state or it would be better to rescind the previous state of emergency.

On March 8th 1933 the governors of the states sent telegrams to the president regarding what they viewed as an impending economic disaster in agriculture.  The president granted the emergency and the emergency has been renewed every other year, by every president, on the Federal Register.

It was in this act that the Federal government gained authority to regulate agriculture as a utility.  Known as the Triple A Act (Agriculture Adjustment Act), the act was challenged and struck down by the Supreme Court in United States v. Butler, 297 U. S. 1

 In an effort to overcome this Roosevelt replaced all but one Supreme Court Justice and gained control of the nations agriculture, through the poorly argued case of Wickard v. Filburn, 317 U. S. 111 (1942).

The President and Congress effectively did an end run around the constitution and obtained through the judiciary that authority which was not granted to them under the constraints of the Constitution, under the guise of regulatory authority over inter and intra state commerce.

It is by this very authority that enabled congress, and the Federal administrative agencies working in conjunction with states’ agencies to deliver premises registration as a component of the National Animal Identification Program now the Animal Traceability Program, the FDA its presumed authority for the Food Safety Modernization Act, and many more such programs escalating the bureaucratic hoards, the demise of the rights of the people and the erosion of the nation’s economy.

In effect the very authority being abused by the state agencies here in wisconSIN finds its origins in that fateful telegram of March 8th.  We as intellectuals are compelled to review history and learn from those mistakes, not repeat them.

  Twain said it best “History doesn’t repeat itself, it rhymes.”