[AT] Should Farming Be A Right?

[John Slavin]

> As the article mentioned, right to farm laws are on the books in all 50 states and mean different things in different states.  I think what's novel and interesting in your example is they are trying to put it in the state constitution.  Seems unnecessary but maybe a lawyer here can tell us why a right to farm amendment is stronger than right to farm legislation.

Makes it stronger.  Statutes conflict with each all the time, and it's left to judges to sort how to interpret them together.  When you put a law in the constitution, it trumps statutes.  So say, for example you have a statute that says you can't have a nuisance, ie, smelly farm, but you have a constitutional provision that say you have an absolute right to farm. The argument can be made, and I think successfully, that the constitution trumps the statute.  Also would apply to state DNR regulations.  The only limitation to this law will be other constitutional provision or federal law (Federal law, even statutes and EPA regulations trump state law under the theory of federal preemption).  But it will stop neighbors to hog confinements from filing nuisance suits.

John