Several references to "free trade" or "limited role of the federal government" have been used by some as reasons to not support the ban on horse slaughter.  These terms are often interchanged and misused when discussing the American Horse Slaughter Prevention Act.  The term "free trade" is being used in a manner much broader than it should be.  According to how some members of Congress are using it, everything and anything should be permitted in the free trade market.  We all know that is not going to happen.

Simply put, banning horse slaughter is almost exclusively a federal issue.  Some critics quote the Founding Fathers and the US Constitution when trying to say that they intended limited government, thus a federal bill is not necessary.  While the original intent is open to debate one thing was clearly written in the US Constitution - the Commerce Clause.  This was placed by the founding fathers to ensure that the federal government would remain responsible for all interstate/international commerce issues.  Article I, Section 8 of the US Constitution states: "[The Congress] shall have Power To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"

Since the horse slaughter industry acquires horses from all over the US and Canada then ships the meat exclusively to foreign countries, it is the responsibility of the US Congress to regulate the issue.  The State of Texas has the legal right to enforce a ban within its own boundaries as they have done, but the federal government is responsible for the issue when it occurs between two or more individual states or with another country.

Free trade is an important issue to Americans.  However, there are limits to what we participate in.  In a letter Congressman Charles Stenholm stated,  "I do not believe it is my position to say that it should be illegal in all cultures and that people who depend on horse meat for daily food should be denied it."  Besides being factually wrong about people relying on horsemeat for "daily food", Mr. Stenholm's responsibility as a legislator is to act in accordance with the culture, beliefs and norms of the United States.  As Mr. John Murrell stated in his reply to Mr. Stenholm:

"While I realize that none of us are in a position to agree or disagree with horse slaughter for human consumption in other cultures, as a federal legislator you enact the will of the American people each and everyday based on our culture, beliefs and norms.  For example, many drugs are illegal in the United States, but are legal in many other parts of the world.  The American Horse Slaughter Prevention Act, HR 857, does nothing to impose the American people’s dislike of horse slaughter on other cultures.  It simply ensures that the will of the American people is upheld.  Other countries can continue to consume horsemeat if they choose."

Free trade is not an all encompassing term.  The issues and items permitted in trade still depend on the culture of those participating.  The American public is strongly opposed to horse slaughter.  The AHSPA will prohibit horse slaughter within the US and it will prohibit horses from entering or exiting the US for the same purpose.  The law is applied equally to the US and other countries.