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Repeal Prohibition, Again (New York Times: Let States Decide on Marijuana)
New York Times ^ | 07/26/2014 | NYT Editorial Board

Posted on 07/27/2014 5:18:10 PM PDT by Ken H

-snip-

There are no perfect answers to people’s legitimate concerns about marijuana use. But neither are there such answers about tobacco or alcohol, and we believe that on every level — health effects, the impact on society and law-and-order issues — the balance falls squarely on the side of national legalization. That will put decisions on whether to allow recreational or medicinal production and use where it belongs — at the state level.

We considered whether it would be best for Washington to hold back while the states continued experimenting with legalizing medicinal uses of marijuana, reducing penalties, or even simply legalizing all use. Nearly three-quarters of the states have done one of these.

Part 1: Let States Decide on Marijuana

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: cannabis; marijuana; pot; wod
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1 posted on 07/27/2014 5:18:10 PM PDT by Ken H
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To: Ken H

All of a sudden “state’s rights” is cool.


2 posted on 07/27/2014 5:19:05 PM PDT by Steely Tom (How do you feel about robbing Peter's robot?)
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To: Ken H
So take it to the Article V convention and see how many states are willing to propose it, instead of getting Congress to propose it to force the states to not ratify it.

-PJ

3 posted on 07/27/2014 5:20:41 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Steely Tom

“All of a sudden “state’s rights” is cool.”

Unless you mean gun rights, “gay” marriage, etc.


4 posted on 07/27/2014 5:21:02 PM PDT by Politicalkiddo (You cannot protect a child from child abuse by aborting it. Abortion *is* child abuse.)
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To: Ken H

I am sick of the freedoms the government has stolen from us all to protect us from ourselves.


5 posted on 07/27/2014 5:24:35 PM PDT by Blood of Tyrants (The cure has become worse than the disease. Support an end to the WOD now.)
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To: Political Junkie Too
So take it to the Article V convention and see how many states are willing to propose it

Propose what? Even if the federal ban on intrastate drug commerce were Constitutional - which it isn't - Congress is not required to actively exercise all powers granted to it.

6 posted on 07/27/2014 5:25:42 PM PDT by ConservingFreedom (A goverrnment strong enough to impose your standards is strong enough to ban them.)
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To: Political Junkie Too
So take it to the Article V convention and see how many states are willing to propose it, instead of getting Congress to propose it to force the states to not ratify it.

What?

7 posted on 07/27/2014 5:26:44 PM PDT by Ken H
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To: Ken H
If it's completely legal anywhere and everywhere, the New York Times will read like Rolling Stone magazine. (Well, not that it doesn't already. But it will get even worse.)
8 posted on 07/27/2014 5:26:58 PM PDT by Sooth2222 ("Suppose you were an idiot. And suppose you were a member of congress. But I repeat myself." M.Twain)
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To: Ken H

23.6 Billion ruling against tobacco, but pot is A-OK. Only in bizarro mondo.


9 posted on 07/27/2014 5:27:32 PM PDT by Calusa (Were going to have that person arrested.....that did the video, said Hillary Clinton.)
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To: Ken H

There’s an ulterior motive here. Stalinists like complacent, docile sheep. Hence the clarion call for legalizing marijuana.


10 posted on 07/27/2014 5:30:58 PM PDT by Extremely Extreme Extremist
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To: Extremely Extreme Extremist

Are you against letting the states decide, as the Tenth Amendment dictates?


11 posted on 07/27/2014 5:36:57 PM PDT by Ken H
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To: Ken H
I have absolutely no issue with states setting their own pot laws, and this is probably the first NY Times editorial I agree with.

My point is that marijuana all of a sudden has become in vogue and lawmakers are scrambling over themselves to legalize it. Just a few years ago, there were strict laws on the books just for possession. What changed? Obama and the Left seizing power. Who do they need to help them? Docile, doped-up millennials who'll carry their water for them. Also explains why prescription drug abuse is out of control.

12 posted on 07/27/2014 5:42:01 PM PDT by Extremely Extreme Extremist
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To: Politicalkiddo; All
"Unless you mean gun rights, “gay” marriage, etc."

As a consequence of many generations of parents not making sure that their children are being taught about constitutionally enumerated rights versus 10th Amendment-protected state powers, or the differences between legislative and judicial powers, voters don't understand the following about so-called gay marriage rights.

They don't understand that since the states have never amended the Constitution to expressly protect gay "rights," that pro-gay activist judges are wrongly legislating such "rights" from the bench.

13 posted on 07/27/2014 5:44:28 PM PDT by Amendment10
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To: Ken H

If the NY Times was intellectually honest, they would demand repeal of all gun laws too.


14 posted on 07/27/2014 5:45:58 PM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Ken H

The Central American Three Stooges told Barry that the American “appetite” for recreational drugs is drawing Central American “unaccompanied minors” to the U.S. like moths to a candle. If we legalize marijuana (and tax da hell out of it), every “unaccompanied minor” in Central America will be showing up at the border and declaring themselves a “refugee” or whatever the Spanish word for “refugee” is.


15 posted on 07/27/2014 5:47:28 PM PDT by FlingWingFlyer (America is not a refugee camp! It is my home!!!)
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To: Ken H

But don’t let the states decide on Obamacare or gay marriage.


16 posted on 07/27/2014 5:48:55 PM PDT by Henry Hnyellar
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To: Ken H
Hee-hee...

Your own added title refers to repealing Prohibition, which was amendment 18 prohibiting alcohol for public use and then amendment 21 repealing amendment 18.

The actual article (and actual title) refers to getting Congress to repeal a previously passed federal law. The actual title hints at state's rights, but calls for Congress to undo a previous Congress.

If we follow your lede, a Constitutional solution is being called for. Amendment 18 to prohibit, amendment 21 to repeal the prohibition, and now amendment 28 to prevent future federal interference in the subject?

I simply glibly suggested that a way to test the several states' appetite for taking control of drug laws is to let a bloc of states propose a controlling amendment at an upcoming Article V proposing convention, instead of having Congress take their time away from more immediate concerns to propose a solution that parallels Prohibition.

-PJ

17 posted on 07/27/2014 5:53:57 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Ken H

The reason they are pushing this is to get the liberal voters to show up for the next big election.


18 posted on 07/27/2014 5:59:24 PM PDT by aimhigh (1 John 3:23)
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To: Steely Tom

Wow, their cognitive dissonance is enough to make MY head spin.


19 posted on 07/27/2014 6:03:20 PM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
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To: Ken H; All
Regardless what FDR's activist justices wanted everybody to believe about the scope of Congress's Commerce Clause powers in Wickard v. Filburn , these corrupt justices wrongly ignored that a previous generation of Constitution-respecting justices had clarified that Congress actually has no constitutional authority to stick its big nose into intrastate commerce.
”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.

In fact, FDR's justices also wrongly ignored that the Supreme Court had previously clarified that intrastate agriculture is an aspect of a state's intrastate commerce that Congress has no business regulating.

”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.

So arguing that it's a “good idea” to let the states decide on intrastate marijuana production is beside the point, imo, since the federal government actually has no constitutional authority to regulate such things, interstate commerse being another issue.

On the other hand, noting that the 18th Amendment prohibiting booze was later repealed by the 21st Amendment, there's nothing stopping the states from amending the Constitution to make things like marijuana the federal government's business.

20 posted on 07/27/2014 6:05:25 PM PDT by Amendment10
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