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In reply to the discussion: US Lawmaker Slams Monsanto Provision in Fast Track Bill for TPP [View all]Faryn Balyncd
(5,125 posts)13. When the framers wrote the 10th Amendment, did they have the Monsanto Provision in mind?
That is, when they wrote, in the Bill of Rights:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
http://legal-dictionary.thefreedictionary.com/Tenth+Amendment
... did they really mean to say:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people, EXCEPT IN THE CASE OF "TRADE" DEALS, in which case not only will all federal laws (including health, safety, labor, environmental, and labeling) previously passed by Congress that now conflicts with the trade deal will be overridden by the terms of the "trade" deal, but any law or regulation by any state, local government, or previously legal action by the people, which conflicts with the "trade" deal will be immediately overridden by the terms of the "trade" deal.
Moreover, if the "trade" deal is submitted to the Congress of these United States under "Fast Track", then the members of Congress shall vote on the entire "trade" bill, including provisions which effect patent law, copyright law, labor law, environmental law, health law, safety law, and product labeling, up or down, without amendment, and without delay."
? ? ?
Is that what Madison had in mind?
Did the framers envision a Monsanto Provision invalidating state and local laws, including food safety and food labeling, on the basis of a "trade" deal arranged by negotiators who viewed state and local food safety and/or food labeling laws a "trade" barrier?


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I'm for food labeling too, but there is nothing in the TPA related to food labeling
Hoyt
May 2015
#6
read the bolded paragraph- and yes, obviously I know the tpa is not classified, dearie
cali
May 2015
#42
I've read everything that is done to date, and so far no one has produced a Monsanto Amendment
Hoyt
May 2015
#59
At least you produced some language, but I think it's a giant stretch to interpret it as the OP.
Hoyt
May 2015
#65
At the beginning of this subthread you claimed there was no labeling provision in the TPA.
pa28
May 2015
#67
The OP says that the TPA includes language allowing companies to sue states for requiring GMO
Hoyt
May 2015
#68
When the framers wrote the 10th Amendment, did they have the Monsanto Provision in mind?
Faryn Balyncd
May 2015
#13
sn't DeFazio in trouble now, I thought that the legislators were not allowed to discuss the details
hollysmom
May 2015
#14
Opposition to DDT was based on science. The anti-GMO movement is based on distrust of science.
True Blue Door
May 2015
#32
Right, consensus. But there's not even a *basis* for general opposition to GMO.
True Blue Door
May 2015
#56
There are a few hundred scientists and more than a dozen countries that will disagree with you.
gregcrawford
May 2015
#23
What Happened To This Obama - Promoted The Modification (Scrapping) Of NAFTA - So Confused
cantbeserious
May 2015
#28
See The Monsanto Provision - He Is Negotiating For The Oligarchs, Corporations And Banks
cantbeserious
May 2015
#43
How's about you take a stab at citing the Monsanto Amendment in the TPA. No one else has found it.
Hoyt
May 2015
#48
I'm not looking for an article by another prevaricator. I'm looking for the amendment
Hoyt
May 2015
#53
Without The TPA There Is No TPP - You Should Learn The Difference Before Posting
cantbeserious
May 2015
#62
The TPA is not secretive, though. And, only thing secret about the TPP is that it is not finished.
Hoyt
May 2015
#66
It is more than that also. Any Corporation can sue to get at any environmental resource it wants.
glinda
May 2015
#52