We received a letter today from Frank Losey. Mr. Losey writes about another way to get the Animals Rights folks attention. All across our great country there are so many unbelievable ordinances, laws being created that are just flat out unconstitutional. All Indiana Dog Breeders anyone who truly wants to Stop Cruelty to Animals will pay heed to Mr. Loseys advice. So please go and Find Dog Breeders to show this post to.
Ex Post Facto Provision - - A Potential Poison Pill and Finesse to the Bills Sponsored by the HSUS
For the sake of argument, let us suppose that the HSUS were to decide, hypothetically of course (!!!!!), to push for legislation at the Federal or State Level, or both, that would do one or more of the following:
· Limit the maximum number of dogs and puppies that breeders or pet owners may keep in their homes or kennels at any given time, under the ruse of prohibiting hoarding.
· Limit how many intact dams may be kept in a home or kennel.
· Limit how often breeders may breed dams in their homes or kennels.
· Prohibit the use of cages in homes or kennels to house dogs and puppies.
· Establish standards for how much space each dog or puppy is required to have in a home or kennel that is used to breed dogs.
For the sake of discussion, let us assume that you are a hobby breeder who may have up to 24 dogs and puppies in your home or kennel at any given time; and that you had used your home or small kennel to breed your dogs for at least several years. Would you have a problem if a State or Federal Law prohibited you from using cages in your home, or limited you from having more than 10 dogs and puppies in your home at any given time because more than 10 would mean that you are hoarding dogs and puppies? I suspect so!
For the sake of discussion, let us assume that you are a commercial breeder who is Federally licensed and inspected; who last year spent $50-100,000 on upgrading your kennel, which exceeded all Federal requirements at the time of improvements; who has never had a major discrepancy on any Federal or State Inspection Report; who has 20 intact females; and who on occasion may have a total of 100 or more dogs and puppies in your kennel. Would you have a problem if a State or Federal Law prohibited you from having more than 10 intact females; prohibited you from having more than 50 dogs and puppies in your kennel at any given time; required that you invest additional money to expand the size of your kennel so that each dog and puppy would have a minimum of 50 square feet of living and sleeping space; and that you would be prohibited from using cages in your kennel at any time for any purpose? I suspect so!
As Food for Thought, I suggest that hobby breeders and commercial breeders consider throwing some figurative sand into the wheels of the HSUS Legislative Freight Train Agenda by suggesting to their friendly and supportive elected representatives that any new law, that is intended to restrict the activities of existing hobby or commercial breeders, must GRANDFATHER and exempt all existing hobby and commercial breeders from any new restrictive law based upon the Constitutional protections as set out in Article 1, Section 9 which explicitly states that No . . . ex post facto Law shall be passed.
Ex Post What?!?!?!? Well, the Ex Post Facto Clause was intended by our Forefathers to prohibit enacting a law that would be retroactive and criminalize actions that a citizen had been doing before the criminal statute was passed. And is not the HSUS seeking laws that would criminalize the activities of breeders? (If there is any doubt, read the following excerpt from Nancy Perrys Bio - - she is the HSUS Vice President for Government Affairs: The HSUS has lobbied in all 50 states for animal protection legislation and secured felony cruelty provisions in 41 states (including Washington DC). . . and aided in the passage of 24 ballot measures.)
And let us not forgot that the meaning of the word hoarder is in the process of being redefined by the HSUS, which is notorious for distorting images of responsible breeders in the minds of the public and legislators. Once the meaning of hoarder is redefined by the HSUS, this will provide yet another basis for HSUS to seek and orchestrate changes to laws that could result in expanded prosecutions for alleged animal abuse!!!
Is this scenario a bit of a stretch? Stop and ask yourself, if you are a hobby breeder and a law is passed that stated that anyone who had more than 10 dogs and puppies in a home would be determined to be a hoarder, and you had 19 dogs and puppies in your home on the day it was enacted, what would you do to avoid being in violation of a new criminal statute? And if you were a commercial breeder who had 98 dogs and puppies in your kennel on the day a new law was passed that made it a crime to have more than 50 dogs and puppies in your kennel, what would you do to avoid being in violation of a criminal statute?
So what is to be gained by raising the issue of the Ex Post Facto Clause of the U.S. Constitution to Federal and State legislators? It might cause some legislators to pause and urge that new Bills be delayed until everyone understood what ex post facto means. It may provide breeder/agriculture-friendly legislators with a new basis to oppose any new restrictive law. It may also cause other legislators to add Grandfather amendments to a pending Bill. Any one of these three scenarios would probably slow down or derail the growing legislative momentum of the HSUS and other animal rights activists. Often delays result in Bills never being enacted. Additionally, the Grandfather provision scenario would probably be a Poison Pill Amendment that could drive the HSUS nuts because the HSUS might have to publicly renounce the Constitution of the U.S., especially if it opposed a watered-down Bill that had a Grandfather provision in it. Could HSUS oppose a Bill because it is not written the way HSUS wants it to be written? Yes, it could and it has done so in the past! For example, one of the reasons that the HSUS stop pushing to have the PAWS Bill enacted a few years ago was because the sponsor of the Paws Bill would not include the additional provisions that the HSUS and the Doris Day Animal League had wanted to be included, such as limiting how often a dam may be bred.
So how would the Grandfather provision work? In essence, it would mean that if you were a breeder at the time the new law was enacted, and the law created new limitations on what a hobby or commercial breeder was permitted to do, those limitations would only apply to future breeders, and not to the breeders who were breeding dogs before new limitations were enacted into law. For example, if the new limitations placed a limit on how many dogs or puppies that you could have in your home or kennel, those limitations would not apply to any breeder who had been breeding dogs before the new law was enacted.
If the Ex Post Facto Clause is appropriate Food for Thought for the hobby and commercial breeders to consider, perhaps those in the Agriculture Community should consider this same Food for Thought to counter the Distortion Mill of the HSUS!!!!!!
If we all stand up for our human rights as one maybe just maybe then the Animals Rights folks will pay attention!