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Faith case before Supreme Court targets illegal drugs (Roberts)
Post-Gazette National Bureau ^ | November 2, 2005 | Michael McGough

Posted on 11/02/2005 6:19:08 PM PST by Angel

Justices lean toward ceremonial use of hallucinogen

Wednesday, November 02, 2005 By Michael McGough, Post-Gazette National Bureau

WASHINGTON -- The U.S. Supreme Court yesterday reacted with surprising sympathy to the claim by a small religious movement with roots in Brazil that it should be allowed to import a tea containing an illegal hallucinogenic drug for use in its rituals.

Noting that federal law permits 250,000 members of the Native American Church to use the hallucinogen peyote as part of its worship, Justice Ruth Bader Ginsburg asked a lawyer for the Bush administration why it wants to prevent 130 U.S. adherents of a faith known as O Centro Espirita Beneficiente Uniao do Vegetal from importing a sacramental tea known as hoasca from Brazil.

Even Chief Justice John G. Roberts Jr., who expressed strong support for federal drug regulation in a recent argument over physician-assisted suicide, suggested that the Religious Freedom Restoration Act might require some concessions to religious groups that used otherwise-banned drugs.

(Excerpt) Read more at post-gazette.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society
KEYWORDS: americanindians; drugs; peyote; religiousliberty; roberts; supremecourt; wodlist
What do you think of Roberts supporting banned drugs? Is it better to support religious freedom and ignore illegal drugs?
1 posted on 11/02/2005 6:19:10 PM PST by Angel
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To: Angel

The SCOTUS should leave it up to the states to allow it, disallow it, control it, or whatever the people in the STATES feel is right for them.


2 posted on 11/02/2005 6:26:14 PM PST by DogBarkTree
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Comment #3 Removed by Moderator

To: Angel

I foresee a new religion coming on strong in the next few years... and a lot of currently non religious people will suddenly become quite convicted.

Oh, and as part of the weekly Friday AND Saturday evening services there will be a little marijuana handed out after the collection plate goes around to offer up as incense.


4 posted on 11/02/2005 6:55:39 PM PST by kpp_kpp
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To: kpp_kpp

I agree, what a great reason to become "religous" if you are inclined to drugs.


5 posted on 11/02/2005 7:01:35 PM PST by Angel
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To: Angel
What do you think of Roberts supporting banned drugs?

If he was the Thomas-style originalist we were promised, he'd go even further than that.

6 posted on 11/02/2005 7:04:12 PM PST by Know your rights (The modern enlightened liberal doesn't care what you believe as long as you don't really believe it.)
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To: Angel
Is it better to support religious freedom and ignore illegal drugs?

Is it better to support any freedom and ignore illegal laws?

7 posted on 11/02/2005 8:53:27 PM PST by coloradan (Hence, etc.)
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To: Angel
Is it better to support religious freedom and ignore illegal drugs?

I don't see any legitimate way to rule against permitting it -- Catholics were permitted Communion wine when that was illegal, after all.

8 posted on 11/02/2005 8:58:07 PM PST by steve-b (A desire not to butt into other people's business is eighty percent of all human wisdom)
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To: coloradan
Is it better to support any freedom and ignore illegal laws?

If one takes originalism to its logical conclusion, there isn't word one in the Constitution about drugs, legal or otherwise.

"...Chief Justice John G. Roberts Jr...suggested that the Religious Freedom Restoration Act might require some concessions to religious groups that used otherwise-banned drugs." Since the Founders thought Congress was the most important branch of government, the Chief Justice is correct in at least considering the application of the Act to this case.

9 posted on 11/02/2005 9:10:42 PM PST by Wolfstar (Happy first birthday, Miss Beasley. Happy Anniversary President and Mrs. Bush.)
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To: Angel

If it is a serious and established religion they should have freedom within their place of worship.


10 posted on 11/02/2005 9:27:48 PM PST by tiki
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To: Wolfstar
If one takes originalism to its logical conclusion, there isn't word one in the Constitution about drugs, legal or otherwise.

Actually, there is. Alcohol was banned by Amendment, giving us the Prohibition. It didn't take long to figure out that that was a Bad Idea. So, it was repealed, also by the Amendment process. But, soon thereafter, Congress invented the expansive definition of the commerce clause, and decided that a farmer feeding wheat to his own hogs "affected" interstate commerce and therefore could be banned. And in the same vein we now have bans of other drugs, machine guns, and a lot of other things, all without the Amendment process.

11 posted on 11/03/2005 6:17:01 AM PST by coloradan (Hence, etc.)
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To: coloradan

Is there really a ban on machine guns? I thought you just had to get a background check and buy a tax stamp that costs $200 or $250 per weapon or something like that. I have friend who collects weapons who has several of them and he says they are all legal. He's an attorney and he represented a guy recently though who went to prison for modifying a couple of assault rifles to make them fully automatic and making a silencer. You can't do that. The guy he represented had plenty of money and a clean record. He could have just went through the right procedures and bought machine guns if he had have wanted to but instead he's sitting in a federal prison right now. That's kind of a ridiculous thing to do to a tinkerer who isn't a threat to anyone.


12 posted on 11/03/2005 6:26:33 AM PST by TKDietz
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To: TKDietz

They are banned from ordinary civilian possession, as your own post indicates - all the hoops. Ones made after 1986 cannot be registered at all, and can only be owned by "special occupational taxpayers," and of course military and JBTs. In any case, the justification for whatever federal laws exist pertaining to machine guns is that they have "traveled in, or affect" interstate commerce. Alito, for one, finds that reading of the Commerce Clause incorrect, and I agree with him. Thomas does too, as indicated by his dissent in Prinz - regarding home-grown pot, that is neither interstate (because it stays at home where it was grown), nor commerce (because it isn't bought or sold), and, unlike wheat, it mere existence can't even affect a legal market, because there is no legal market for pot.


13 posted on 11/03/2005 6:34:04 AM PST by coloradan (Hence, etc.)
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To: coloradan
I agree with you about the commerce clause. The feds use it to give themselves powers never intended by those who drafted the Constitution, and the courts have been willing accomplices in allowing this to go on for many decades now. I wish we had more like Justice Thomas who understand that the "substantial effects" test is nothing but a blank check for the feds. I remember reading his concurring opinion in U.S. v. Lopez ten years ago thinking to myself, "Now this guy is the real deal." We need more like him to put the brakes on Congress before they "obliterate the distinction between what is national and what is local and create a completely centralized government."
14 posted on 11/03/2005 7:06:46 AM PST by TKDietz
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To: coloradan
Actually, there is.

Don't mean to get picky, but there is not. To repeal is to excise; to remove.

Article [XXI.]
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Legally speaking, what that means is the 18th amendment no longer exists.

In addition, alcohol is not legally classified as a drug as are marijuana, cocaine, herion, etc., and all the legal prescription and over-the-counter medications.

So to repeat: If one takes originalism to its logical conclusion, there isn't word one in the Constitution about drugs, legal or otherwise.

15 posted on 11/03/2005 8:19:47 AM PST by Wolfstar (Happy first birthday, Miss Beasley. Happy Anniversary President and Mrs. Bush.)
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To: Wolfstar

I see your point. The words have zero legal weight, but you have to admit you have to spend ink on them when printing copies of the Constitution.


16 posted on 11/03/2005 8:23:16 AM PST by coloradan (Hence, etc.)
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To: coloradan
...but you have to admit you have to spend ink on them when printing copies of the Constitution.

Sure, but for the historical record only.

17 posted on 11/03/2005 8:37:51 AM PST by Wolfstar (Happy first birthday, Miss Beasley. Happy Anniversary President and Mrs. Bush.)
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