2 River Cities’ Reader • Vol. 22 No. 887 • July 23 - August 5, 2015 Business • Politics • Arts • Culture • Now You Know • RiverCitiesReader.com Business • Politics • Arts • Culture • Now You Know • RiverCitiesReader.com River Cities’ Reader • Vol. 22 No. 887 • July 23 - August 5, 2015 3 GUEST COMMENTARY by John A. Sparks Keep Your Hands Off My Raisins: Court Invalidates Raisin Grab aura and Marvin Horne are raisin they produced to the government without to mean that when the government takes raisin marketing order.” farmers. Early one morning in 2002, a any compensation. The percentage of a private citizen’s property for a public The government unsuccessfully argued Ltruck appeared at their business, and the crops that had to be relinquished in a purpose – such as, for example, for the that the takings clause did not apply to the drivers demanded a whopping 47 percent given year was determined by the Raisin building of a road – the owner must be paid personal property, but the court roundly of their raisin crop. The truck was sent by Administrative Committee. The plan was a reasonable amount for the seized property. rejected that contention. Furthermore, the federal government, and those demand- that the government would Here, even though the the Department of Agriculture claimed ing the Hornes’ raisin crop claimed to be keep these reserve raisins property (raisins) could that if the government successfully sold operating under a “marketing order” first put off the domestic market – a U.S. citizens are still be regarded as having the seized raisins as exports, for example, in place in 1937 as part of President Franklin reduction in supply – to subjected to a bevy of been taken for a public growers such as the Hornes might receive Roosevelt’s effort to shore up agricultural help shore up prices. This use – the stabilizing of a residual payment that would amount to prices. Amazingly, this antiquated scheme system was originally part similar antiquated, agricultural prices during compensation. Again, the court said the mere lasted for more than 65 years – well past the of the New Deal aimed an economic crisis – possibility of a residual payment was not agricultural crisis of the Great Depression. at aiding farmers whose unnecessary there was virtually no equivalent to compensation. It was simply By 2002, the Hornes had endured enough agricultural products had compensation being paid too contingent and indeterminate. of these raisin grabs. They refused to turn fallen steeply in price. regulations. to raisin growers such as Other U.S. citizens are still subjected to over nearly half of their crop. The federal Unfortunately, as with the Hornes. a bevy of similar antiquated, unnecessary government assessed a fine of $480,000 for most government programs, it remained in In a fitting tribute to the 800th regulations. They should make ample use of the missing raisins and another $200,000 effect despite the passing of the immediate anniversary of the great document of the court’s holding here to challenge these in civil penalties against the Hornes. The economic emergency that spawned it. English liberties – the Magna Carta – governmental restraints and reintroduce the Hornes fought the government through In the Supreme Court’s Horne V. Roberts traced the origins of the Fifth fresh air of freedom into markets for goods the courts and finally landed in the U.S. Department of Agriculture decision last Amendment’s takings clause to that charter and services. Supreme Court. month, Chief Justice John Roberts and and concluded that “the reserve requirement The Agricultural Marketing Agreement the majority agreed with the Hornes. imposed by the Raisin Committee is John A. Sparks is the retired dean of the Act of 1937 allowed the secretary of Roberts stated that the Fifth Amendment a clear physical taking. Actual raisins Calderwood School of Arts & Letters at Grove agriculture to issue marketing orders requires that property cannot be taken by are transferred from the growers to the City College. He is a member of the state bars to stabilize market prices for certain the government for public use without the Government. Title to the raisins passes to of Michigan and Pennsylvania and is a fellow agricultural products, including raisins. original owner being properly compensated. the Raisin Committee. The Committee for educational policy for The Center for Under this order, raisin producers could Part of the Fifth Amendment, often dubbed disposes of what become its raisins as it Vision & Values at Grove City College, where be forced to relinquish a portion of what the “takings clause,” has been interpreted wishes, to promote the purposes of the this commentary originally appeared. IT’S PER SSUNDAYOU AT THE HUNGRY HOBO! Make The Hungry Hobo your regular Sunday stop and choose a king-sized, soup of the day, like our chef-prepared broccoli cheese, chicken tortilla or chili for just $1.99! NEWLY REFURBISHED! APP DELIVERY MOBILE REWARDS Accepting: Download for mobile ordering Order at good2goqc.com Text HOBO to 81018 4 River Cities’ Reader • Vol. 22 No. 887 • July 23 - August 5, 2015 Business • Politics • Arts • Culture • Now You Know • RiverCitiesReader.com ILLINOIS POLITICS by Rich Miller CapitolFax.com Mailer Shows Off Rauner’s Political Muscle ouse Speaker Michael Madigan told reform for 44 years, protecting the status quo reporters earlier this month that he’d that put him in power. Illinois needs Michelle Hhad a “frank discussion” with Governor Mussman to stand up to Madigan to break the Bruce Rauner, “and I gave him good, solid cycle of corruption and restore the integrity to advice.” the legislature by supporting term limits.” Word is that advice had two parts. “Call Michelle Mussman Right Now” the First, the governor needs to find a way to mailer commands, displaying her phone get himself out of this long overtime-session, number in a large font at the bottom of the no-state-budget mess. page. Second, if the governor thinks he can get The idea here is probably twofold. himself out of this mess by somehow breaking First, put so much heat on Madigan’s the speaker’s will, he’s mistaken. members that they beg him to cut a deal with But the governor isn’t Rauner. CELEBRATING 100 YEARS giving up. In fact, he’s I don’t see that OF SPECIAL EXPERIENCES doubled down. One goal is to soften happening as long as the Rauner has made it clear governor sticks by his anti- that there will be no budget these members union demands. Madigan talks until the Democrats isn’t going to abandon the KENNEDY SPACE CENTER give in on his “Turnaround up for next year’s literal backbone of the Agenda,” including his anti- campaign. Democratic Party because a VISITOR COMPLEX union demands. few members are skittish. And several days after The second part is likely receiving Madigan’s “advice,” the governor to soften these members up for next year’s started sending some very negative direct- campaign, when they’ll be attacked again with mail pieces into some Democrat-controlled the same sort of message. July’s Delaware North 100-year celebration giveaway legislative districts. That may work, but pretty much all political- is Out Of this WOrlD. Play and win The Rauner folks say almost 20 legislative science studies have shown that when ad Pick a Planet districts – both House and Senate – were campaigns end, they tend to lose almost all of a trip to the Kennedy Space Center Visitor Complex targeted last week. “More to come,” a Rauner their punch. If Rauner is going to mail straight in Central florida! guy told me. through election day next year, that’s a different One mailer features an ominous photo story. But I doubt that’ll happen. Your stellar grand prize includes: Drawings of Madigan above and behind a picture of a And there’s a real downside to this, as well. • Admission for two on July 25 at smiling Representative Michelle Mussman Once you attack legislators like this, they 7pm and 8pm (D-Schaumburg), who won her race by 3 tend to “go political” right away. And because • An upgraded Complex tour percentage points last year despite optimism by there is likely no avenue other than standing • Lunch with an astronaut Republicans that they had her on the run. and fighting, these mailers could just make • $1,250 CASH “Chicago political boss Mike Madigan wants legislators dig in ever deeper. PLUS: Fans of Jumer’s Facebook page can your Representative Michelle Mussman to kill But, if nothing else, the mailers are a stark Receive receive 25 FREE ENTRIES on July 23 the reforms you voted for,” claims the mailer, reminder that Rauner has a huge financial for the July 25 drawings. which displays her district office number and advantage over the Democrats. 10 free entrieS check our Facebook Page for details on how to claim. asks recipients to “Call Michelle Mussman now Madigan’s three campaign committees this Friday www.facebook.com/jumerscasinohotel and tell her to side with taxpayers, not with reported raising a total of $618,000 in the Mike Madigan’s Chicago political machine. second quarter, according to filings with the “Michelle Mussman should work for you, State Board of Elections. Madigan’s committees Live Entertainment not Mike Madigan,” claims the other side of had $1.99 million sitting in the bank at the end Saturday 6pm-10pm the mailer. “Tell Madigan & Mussman: No of June 30, according to the filings. property-tax hikes! Democratic Senate President John July 25 - The Old 57s “Illinoisans already pay the second-highest Cullerton’s two committees raised $592,000 and In the event of rain, the concert will move to the Edje.