If you rely on Uncle Caesar to tell you what’s wise, it’s only an election away from going 180 degrees opposite.
Doctors decide what is Constitutional?
Misleading headline. The article states that doctors are going to testify that cannabis does not belong in the Schedule I controlled substance category. There doesn’t appear to be any challenge to the constitutionality of the Feds regulating drugs.
What about the odor of medical marijuana? That odor should be deemed a violation of the Clean Air Act.
Well, they *are* right that the *war* on marijuana is unconstitutional, at least the way it’s being conducted (violating 2nd, 4th, 5th amendment rights).
Even if marijuana was the demon drug that the feds claim it is, with the exception of interstate commerce, the Constitution doesn’t give the feds a voice on marijuana issues where intrastate commerce is concerned.
More specifically regardless what FDR’s activist justices wanted everybody to think about the scope of Congress’s Commerce Clause powers when it wrongly decided Wickard v. Filburn in Congress’s favor in 1942, Constitution-respecting justices had previously clarified that the feds have no power to regulate intrastate commerce as evidenced by the following excerpt.
”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” —Gibbons v. Ogden, 1824.
And since marijuana is not just an intrastate commerce issue but also an agricultural issue, note that the Supreme Court later clarified that the states have never delegated to Congress, expressly via Constitution, the specific power to regulate agricultural production.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited. None to regulate agricultural production is given, and therefore legislation by Congress for that purpose is forbidden [emphasis added].” —United States v. Butler, 1936.
Again, regardless what FDR’s thug justices wanted everybody to believe concerning the scope of Congress’s Commerce Clause powers, the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate intrastate commerce which includes agricultural production and therefore marijuana production.
given current brain scans of long term users and the fact that we know in large enough recreational uses it does in fact cause hallucinations, these doctors have no credibility.
Overturn Wickard v Filburn.
I’m getting close to saying forget it all! The world is getting worse and worse. Any and every law that has a moral standing is beginning to fall. What’s the point any more? Really? A judge can come in a rule anything and everything “unconstitutional” and use any means of legal jargon to justify it over the will of the people. It’s terrible.
I’m going to keep praying, working, and voting because I don’t have it in my to do otherwise. But I am really getting discouraged.
no travel ban on ebola, but travel ban on pot yeah that’s the ticket!
