Education

Utah Rep. Bishop Lectures Colleagues on the Constitution After 2nd School Fined $19K for Selling Soda

When Rep. Rob Bishop (R-UT) heard that a school in his home state was fined $15,000 for accidentally selling soda during lunch, thus violating federal law, he was angry. But that’s only part of the story. While The Blaze brought that story national attention on Thursday, now we come to find out that it wasn’t the only school that had to fork over thousands of dollars for selling soda at the wrong time.

As it turns out, Box Elder High School in Brigham City, Utah, was fined $19,000 for its own violation of the Healthy, Hunger-free Kids act of 2010.

That led Bishop to deliver a passionate House speech on Wednesday where he lectured his colleagues on the Constitution.

“It is restated in the 10th Amendment where each level of government had a specific and distinct responsibility. When the states were interfering with the federal government, it produced historical catastrophic consequences,” Bishop said on Thursday. “But also when the federal government interferes with the role of states, the consequences will range from being catastrophic to just plain silly.”

He wasn’t done:

“In 2010, this congress passed the Healthy and Hunger-free Kids Act. We were wrong to pass it for five reasons. Number one, it was a Senate bill–that should have been our first tipoff.  Number two, it was opposed by the National Governor’s Association. Three, it was opposed by the school boards association. Four, it violated the Constitution. Finally, number five, we created a one-size-fits-all federal program, not defined by us.”

Bishop explained both schools are important to him: he graduated from one and taught at the other for 23 years.

“It was wrong for Congress to invade the role of states. It was wrong to punish kids for these silly reasons. It is wrong to violate federalism,” he concluded. “If a community, school, and their PTA wanted to create the standards themselves, fine. It is wrong for this body to think that every issue has to be decided here in this room and it is wrong for us to forget that the 10th amendment has a purpose. It is there for a reason and should be respected.”

You can watch the speech below:

By the way, Bishop pleaded with his colleagues in 2010 not to pass this exact legislation for fear of a federal power grab (that would replace local and parental common sense). It seems he was right:

Comments (91)

  • frogg
    Posted on May 18, 2012 at 4:45pm

    We certainly seem to be heading towards a Police State at an ever faster rate. It won‘t be long until it’ll be against the law to vote for any one who isn’t already in office. Sound like Hitler And Stalin? Well it should! Better get ready or you’re going to be dead. Learn how to use a firearm today. Guns in the hands of citizens is the reason that the Dems want to get rid of the 2nd. Amendment.

    Report Post » frogg  
    • Mutiny
      Posted on May 18, 2012 at 5:01pm

      Romney supported the NDAA and is on record saying gun restriction laws keep us safe.

      http://www.youtube.com/watch?v=FUZoPnYjx0g NDAA

      http://www.youtube.com/watch?v=HzYTdM9b5F4 Gun control

      In the mans own words. If you think he will restore freedoms you are mentally incompetent.

      Report Post » Mutiny  
    • Detroit paperboy
      Posted on May 18, 2012 at 5:47pm

      Well sir, you were sent there to represent the STATES………or did you forget that ??????

      Report Post »  
    • Patriot of My America
      Posted on May 18, 2012 at 7:18pm

      Well Romney may be as left thinking as Obama, but we will be able to Impeach him if he ****** us off.

      Report Post »  
    • Caniac Steve
      Posted on May 18, 2012 at 7:50pm

      can you say “ nanny state ” ? good…i knew you could!!

      Report Post » Caniac Steve  
    • henryKnox
      Posted on May 18, 2012 at 10:28pm

      I‘m pretty sure that Romney isn’t a communist. What we really need is a house full of representatives that have read and understand the Constitution. It really isn’t that difficult if you are not corrupt.

      Report Post » henryKnox  
    • revel222
      Posted on May 19, 2012 at 11:18am

      Food Police – it’s coming!! Look at the UK website that is advertising for food police officers with free training…….Openly and accepted by them already!! http://www.food.gov.uk/enforcement/enforcetrainfund/officertraining/

      Report Post »  
    • From Virginia
      Posted on May 19, 2012 at 12:14pm

      I became outraged when I heard stories all over the country where police were busting little kids lemonade stands.

      Report Post »  
    • HisNameWasRobertPaulson
      Posted on May 20, 2012 at 10:50am

      @Detroit paperboy
      Posted on May 18, 2012 at 5:47pm

      “Well sir, you were sent there to represent the STATES………or did you forget that ??????”

      Detroit, you might want to read the Constitution before you try again. Rob Bishop is a member of the HOUSE OF REPRESENTATIVES. The House does not represent the States. They represent the people, and more specifically, they represent ONLY the people in their district, and not anyone else.

      The SENATE, represents the States, but more specifically, they each represent ONLY their own state, and not any other state.

      No one is elected to federal office to represent anything they way you suggested.

      Report Post »  
  • Mapache
    Posted on May 18, 2012 at 4:44pm

    The Libs will say that a Bishop criticizing the federal government is a violation of the separation of church and state!

    Report Post » Mapache  
    • MEANS2RESIST
      Posted on May 18, 2012 at 5:25pm

      Utah needs to stick up for their school system and tell the feds to shove it up their ass!

      Will be time to organize very soon fellow patriots.

      Report Post » MEANS2RESIST  
    • FstEti
      Posted on May 18, 2012 at 8:08pm

      I just wanted to let you know that at least one person out here appreciated your humor. I fear others missed the subtlety of your post.

      Report Post »  
  • tketterer
    Posted on May 18, 2012 at 4:44pm

    Wait a minute, Why the heck are the mormons, bob bishop, even allowing “soda” to be dranken at all? In Brigham city? Oh the hell to pay. Are you gonna be able to get to the celestial heaven????? (sarc) before all ya mormons start calling me anti mormon.

    Report Post »  
    • self-reliant man
      Posted on May 18, 2012 at 5:24pm

      I am 100% actively Mormon and that is funny.

      Report Post »  
    • piper22
      Posted on May 18, 2012 at 7:20pm

      Drankan? Seriously??

      Report Post »  
    • Mapache
      Posted on May 18, 2012 at 8:49pm

      I agree Piper22. I don’t think I have ever dranken….but I am willing to try anything once. Sounds nasty!

      Report Post » Mapache  
    • canadianlady
      Posted on May 19, 2012 at 11:46am

      Oh, knock it off with the ignorant hyperbole. Mormons are permitted to drink sodas, even colas, dumbass.

      Report Post »  
  • Mo Better
    Posted on May 18, 2012 at 4:39pm

    Don’t any of these dimwits who are backslapping each other in self-congratulations over fining school districts realize what the real consequences are? As if a school district is a distinct entity capable of generating its own money. It is obviously paid for by the taxpayers, hence, the t-a-x-p-a-y-e-r-s are paying another tax? fine? fee? assessment? (whatever term you prefer) to whom? Why, to the Federal government, of course.

    Yep, just another tax on the working man under the guise of the leftist belief that everything must be controlled. Sadly, I fear there isn’t enough ammunition for use to shoot our way out of the hellhole they have created….

    Report Post » Mo Better  
    • Taquoshi
      Posted on May 18, 2012 at 6:11pm

      I agree. That’s a chunk of cash from each school that will not be going to the students. I guess it is more important not to have the students drink soda than it is for them to learn.

      Heck, it’s more important to criminalize these kids than it is to educate them.

      http://www.usatoday.com/news/offbeat/2008-03-12-skittles-suspension_N.htm

      Report Post » Taquoshi  
    • star119cri
      Posted on May 18, 2012 at 8:49pm

      Agree! Public, State-run schools need to bring the facts home to DC. Control, control, control. Leave the states alone. That effort alone will help save us taxpayer $’s and start controling the run-away federal deficit.

      Report Post »  
    • G-WHIZ
      Posted on May 19, 2012 at 11:06am

      Use it up…Remminton will …make more!!

      Report Post »  
  • dannyo
    Posted on May 18, 2012 at 4:39pm

    w have a naked marxist running this country and untold millions of sheeple who would jump off a cliff for him, so who in the heck cares if a kid with no hope for a free life has a coke or pepsi with his obamasparagus sticks??

    Report Post »  
  • team1blazer
    Posted on May 18, 2012 at 4:26pm

    Time to clean house!….starting with the white house, then the senate and congress. They all must go!

    Report Post » team1blazer  
    • Mutiny
      Posted on May 18, 2012 at 4:58pm

      Sounds great, but a lot on this site think just replacing a guy fixes the problem. If you replace him with a guy who votes the same way whats the point?

      Perfect examples.

      Rep Bishop is right on this issue yet he voted for the NDAA. As much as I think fining schools over soda is stupid, I am more worried about US citizens being indefinitely detained.

      The GOP wants to fight Obama and his out of control spending. So what do they do? They are doing everything possible to nominate a guy that has a budget that doesnt cut current spending levels. Does that make any sense?

      Everyone screams about following the Constitution except when it comes to war on the GOP side. Why can we not follow the Constitution and what the founding fathers created. You cannot tell me the United States wouldnt be better off had we done that.

      Report Post » Mutiny  
    • encinom
      Posted on May 18, 2012 at 5:20pm

      to much Tea in DC, the Tea Baggers have done nothing but lowered the IQ of the institutions.

      Report Post »  
    • NeoFan
      Posted on May 18, 2012 at 5:36pm

      You SorosTards need to spread out a bit to make it less obvious that you are being paid to spew your diarrhea. You support communism with all the evidence of the millions of deaths it caused and you support socialism in the face of its collapse right now in Europe. The founders were right. You are wrong. We had none of these problems until the Federal Government became obese.

      Report Post »  
    • Jenny Lind
      Posted on May 18, 2012 at 5:52pm

      Neofan, you just have to remember to click over certain names-I do, never bother to read the fools.

      Report Post »  
  • txjb
    Posted on May 18, 2012 at 4:20pm

    It’s all about the New World Order , power and control , so many things are falling in place .

    Report Post »  
    • CatB
      Posted on May 18, 2012 at 4:31pm

      Not just that .. but STEALING taxpayer money from the schools and putting it back into the governments pocket. I thought they were for MORE school funding .. now they are hurting the KIDS .. isn’t it all about the KIDS?…. no it is about indoctrination and controlling the kids. ;-)

      Report Post »  
    • Tigress1
      Posted on May 18, 2012 at 4:44pm

      The kids must not be paying their fair share, therefore, the gov. will take it from them one way or another.

      Report Post » Tigress1  
  • turkey13
    Posted on May 18, 2012 at 4:20pm

    “Freedom is never more than one generation away from extinction.” Ronal Reagan

    Now we need to pause a moment and think of where we would be without all the programs Obama started. You would have over 600,000 more people unemployed. I really like his FFEM (Fat Folks Eat More) program to help stop obeisity.

    Report Post »  
  • Mutiny
    Posted on May 18, 2012 at 4:19pm

    Maybe Rep. Bishop can go back and look at his vote for the NDAA and see where indefinite detention of American citizens is in the Constitution. You are either for the Constitution or against it.

    Report Post » Mutiny  
    • justangry
      Posted on May 18, 2012 at 4:52pm

      I knew a Paul supporter would be on top of this. Yeah, he has no ground to stand on with that vote. He needs fired, Utah!

      Report Post » justangry  
  • Nepenthe
    Posted on May 18, 2012 at 4:17pm

    “It is wrong to violate federalism”

    I completely agree. It is also wrong to give your kids soda, or to have soda sold in your schools for any reason. The stuff is some of the most unhealthiest stuff sold in the US today. Now, it should not be up to the Feds to force this. It should be up to the States who, if they possessed even the smallest amount of caring for the people of their school systems, would not provide this stuff to any of their schools.

    Report Post » Nepenthe  
    • woodyb
      Posted on May 18, 2012 at 4:23pm

      How’s the Kool Ade today, Nep?????????

      Report Post »  
    • Bill Wallace
      Posted on May 18, 2012 at 4:29pm

      @Nepenthe

      You are either for personal freedoms and personal responsibility, or you are not.

      Have a soda, now and then, might not be the healthiest thing around. But I bet I can look at your pantry and find things just as damaging, or worse, than a kid having a can of Coke or Orange Crush.

      Ultimately, this is a PERSONAL CHOICE. They are only harming themselves. It is THEIR body, THEIR choice. And as long as it doesn’t hurt others, government should stay out.

      I hope you think on that for a bit. Maybe take the next 20 minutes and see whether or not your canola oil is cold/expeller pressed or not. Then do another 20 minutes of research to determine how they process canola oil. Come back when you figure out if your kitchen meets my standards. And when you fail, maybe you realize you have no room to preach unless you want me dictating restrictions on your food supply.

      Report Post »  
    • Mapache
      Posted on May 18, 2012 at 4:41pm

      how about let people deciding for themselves?

      Report Post » Mapache  
    • Mark0331
      Posted on May 18, 2012 at 4:43pm

      @NEPENTHE…..don’t you even believe in personal choice or free will?…are these ideas foreign to you?…..””It should be up to the States who, if they possessed even the smallest amount of caring for the people of their school systems, would not provide this stuff to any of their schools””……that is one messed up backward ideology you have stated..you actually believe that we are at the beck and call and bidding of the STATE instead of the wisdom of ‘We, The People’…you are doomed and ill informed.

      Report Post » Mark0331  
  • bullcrapbuster
    Posted on May 18, 2012 at 4:13pm

    Socialism requires that the whole country falls under their power. They cannot force their will on everyone if people are able to move to another state to get away. It happens in Canada whenever the NDP takes power in a provence,after a few years when the economy is ruined the folks move in droves to another provence to find work. So far the people have rejected them federally. They can usually manage about 25% of the federal vote. They leave choas behind them wherever they managet to be in power for a few years. ie: government car insurance which becomes corrupt,extremly dictitorial and double of the cost of private car ins. A book could be written on ICBC.British Columbia’s hated government car insurance company. They even have power to arbitrarily take away your drivers licence by writing you a letter. I moved there from alberta and my vehicle insurance went from $800 per year to 2800 per year and received a 1/4 inch thick booklet tellng everything that they would not cover. etc etc. Of course I am now back in Alberta.

    Report Post » bullcrapbuster  
  • merchantsailor
    Posted on May 18, 2012 at 4:10pm

    Draft a letter and tell the so and so’s that no we will not pay the fine. the ball is in your court. What will they do? What can they do? Sue? Go ahead Utah just do show up. What will they do then? Throw the Governor and local school boards in jail? What will they do?

    Report Post »  
  • lordamercy
    Posted on May 18, 2012 at 4:08pm

    Constution? Really? Wow!

    Report Post »  
    • Mapache
      Posted on May 18, 2012 at 4:43pm

      “Constitutional? Are you kidding me?” Nancy Pelosi

      Report Post » Mapache  
  • lukerw
    Posted on May 18, 2012 at 4:08pm

    Bravo… someone in Congress read the Constitution and understood it!!!!!!!

    Report Post » lukerw  
    • lukerw
      Posted on May 18, 2012 at 4:25pm

      With only, about, 5 people in the seats… whom heard “The Voice Crying in the Wilderness”?

      Report Post » lukerw  
    • G-WHIZ
      Posted on May 19, 2012 at 11:15am

      Say it’s not soooo! It has to be 2000pages at least or they will not considder it passable. “The US Constitution”?? Too small to be of any sugnificance! :>)

      Report Post »  
  • Just in time
    Posted on May 18, 2012 at 4:07pm

    I like the idea of paying the fines, then putting out a letter to the parents of the children. Stating why the classes had to be cut. And why their tax dollars are being used to pay fines instead of educating their children.

    Report Post »  
  • Delicaterose65
    Posted on May 18, 2012 at 4:06pm

    This is why I am prou to live in Utah! Another is Bennett out Hatch NEXT!

    Report Post » Delicaterose65  
  • happ77
    Posted on May 18, 2012 at 4:02pm

    Place this bill on the repeal things to do list.

    Report Post »  
  • Just in time
    Posted on May 18, 2012 at 4:02pm

    I blame Michelle Obama

    Report Post »  
  • Anonymous T. Irrelevant
    Posted on May 18, 2012 at 3:59pm

    WHO passed it in 2010? The super-majority of Democraps.

    Report Post » Anonymous T. Irrelevant  
  • Delicaterose65
    Posted on May 18, 2012 at 3:59pm

    This is why I am PROUD to live in Utah!! We stand UP! Honor, Truth, Courage, ect!

    Report Post » Delicaterose65  
    • CapitalistUno
      Posted on May 18, 2012 at 5:58pm

      Stand up for what?

      The inability for the (liberal) federal government to allow individual people to put a liquid down their throats?

      Or do you stand up for the (liberal) federal government’s ability (as of 2010) to dictate to students that it is now illegal for their school to offer a single can of soda pop to a student?

      I say the government should keep their grubby fingers out of everyday life like when a student ingests a can of soda pop. Enough said.

      Report Post »  
  • Mark0331
    Posted on May 18, 2012 at 3:58pm

    He is right….fined for selling soda is nuts, but even nuttier is the fact that somewhere, ‘adults’ back slapped and nodded in agreement over the imposition of fines….crazy funny world where the inmates are running the asylum….so to punish a school for ‘serving’ soda means the school forks over 19G’s…doesn’t that punish the school and kids even more by taking away funding $$?

    Report Post » Mark0331  
    • Nepenthe
      Posted on May 18, 2012 at 4:19pm

      Fining a school for selling soda is nuts. Selling soda at schools is also equally nuts.

      Report Post » Nepenthe  
    • Mark0331
      Posted on May 18, 2012 at 4:33pm

      @Nepenthe….seriously, selling soda at school is nuts? really…..I am the first to esposuse a healthy lifestyle, but to take away beverage options through Federal Mandates and to fine schools for selling soda is CRAZY……you do not understand the Amendments at all….you come from a place of emotion and not fact…if you think police/FEDS should monitor beverage/salt etc consumption, you are not playing with a full deck and have no idea about prohibtion or its failures…this has nothing to do with health, wake up…you must like the idea of living in a police state, if you believe what you posted…by the bye,Nepenthe is also a bad restaurant in Big Sur I ate at years ago..nice setting, poor food.

      Report Post » Mark0331  
  • flsnipe
    Posted on May 18, 2012 at 3:58pm

    When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

    We hold these truths to be self-evident

    Report Post » flsnipe  
    • Mark0331
      Posted on May 18, 2012 at 4:05pm

      We hold these truths to be self-evident…I always loved that line…but to some, it is’nt so evident…too many thrash and gnaw against the ‘obvious and self evident’….sad little leftists.

      Report Post » Mark0331  
  • 1000-yd-stare
    Posted on May 18, 2012 at 3:56pm

    Are there any police officers reading this willing to give their life enforcing the soda ban or for that matter any other liberal “I need attention” movements?

    Report Post »  
    • Poorfessor
      Posted on May 18, 2012 at 4:16pm

      It is not their life they would give up, but their job, sad fact, few would do that.

      Some years back a Survey was conducted at 29 Palms Marine Base that asked the question; Would you fire on civilians if ordered, answer overwhelmingly was Yes.

      Report Post »  
  • RANGER1965
    Posted on May 18, 2012 at 3:55pm

    God bless him, but nothing is going to happen from this.

    We need a good put up or shut up moment. A little constitutional crisis. It’ll require a brave school board, with backing by the governor of the state. Don’t pay the fine, let the feds react in their clumsy fashion. Make it a big media moment. Then draft a piece of state legislation making the Senate bill illegal in that state. Eventually let the supreme court decide.

    Report Post » RANGER1965  
    • progressiveslayer
      Posted on May 18, 2012 at 4:07pm

      Wouldn’t it be great if a constitutional conservative president could with the stroke of a pen abolish several unconstitutional departments? I’m thinking DOE,IRS,HUD,Dept.of energy,help me out here I‘m sure there’s many more,you get the point.

      Report Post » progressiveslayer  
    • Poorfessor
      Posted on May 18, 2012 at 4:08pm

      They sent SWAT teams to close an Ice Cream Stand this week. Not one Government or Law enforcement agency uttered a single protest.

      Now I begin to see how easy it was for Germany to accept the NAXI outrages.

      Report Post »  
    • Anonymous T. Irrelevant
      Posted on May 18, 2012 at 4:29pm

      @progressiveslayer
      Ahh, one can dream, can’t they?

      Report Post » Anonymous T. Irrelevant  
    • RANGER1965
      Posted on May 18, 2012 at 4:31pm

      @PROGRESSIVESLAYER

      The irony is, that your wish is unconstitutional.

      @POORFESSOR

      When I was in the military, the one major weakness that I observed is the same weakness that is inherent in any large organization. If you have the correct uniform, and act like what your doing is right, you can get away with damn near anything.

      Report Post » RANGER1965  
  • NHwinter
    Posted on May 18, 2012 at 3:49pm

    Does the Constitution even matter to Congress anymore?

    Report Post » NHwinter  
    • progressiveslayer
      Posted on May 18, 2012 at 4:02pm

      Sadly no,most are communists and the idiot Saunders is a socialist.We‘ll have to purge the republican party of ALL RINOS and vote out all the dems ie communists we can to salvage what’s left of our republic.

      Report Post » progressiveslayer  

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