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Judge takes swing at war on drugs
Rocky Mountain News ^
| January 29, 2003
| Karen Abbott
Posted on 01/30/2003 6:38:26 AM PST by MrLeRoy
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To: robertpaulsen
So Ohio can prohibit the shipment of apples across it's borders? No, that power is reserved to Congress. Ohio can prohibit apples (regrardless of origin) WITHIN its borders.
201
posted on
01/30/2003 10:46:13 AM PST
by
MrLeRoy
("That government is best which governs least.")
To: newgeezer
I suppose W buys into the idea that fighting the WoD by focusing mainly on the suppliers has some chance of being effective. You have to admit, it takes a real bonehead to be a supplier. I can unstand growing your own weed but being a supplier is snubbing the law and getting rich at the same time.
To: WORLD SUCKELS USAS BREAST
Then you still haven't answered the question: How's that policy ["Drugs are illegal to EVERYONE"] working out for you? Oh, I am perfectly happy.
How would you be any less happy if drugs were legal?
203
posted on
01/30/2003 10:49:39 AM PST
by
MrLeRoy
("That government is best which governs least.")
To: libertyman
Those who believe the Feds should have authority to overrule the States' power to set policies on drugs, labor and abortion are of the Algore living, breathing Constitution school of the thought.
Guns are a separate issue, however. Because of the Second Amendment the Feds do have a proper constitutional role to prevent States from infringing on the RKBA.
204
posted on
01/30/2003 10:51:38 AM PST
by
Ken H
To: Ken H
"Based upon your view of the Commerce Clause, do you think Congress should have such regulatory power?"I think that is exactly what Article I, Section 8 says. If a state, or activity in that state, affects, or can affect, interstate commerce, congress has the constitutional power to regulate it. And they have the authority (in the same Section) to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers..."
Should congress have that power? Yes, I think they should.
To: WORLD SUCKELS USAS BREAST
I said I based my statment on his comments. That was a lie, since your statement did not follow from anything he said.
206
posted on
01/30/2003 10:51:54 AM PST
by
MrLeRoy
("That government is best which governs least.")
To: robertpaulsen
I think that is exactly what Article I, Section 8 says. If a state, or activity in that state, affects, or can affect, interstate commerce, congress has the constitutional power to regulate it. No, that's NOT what Article I, Section 8 says; here, AGAIN, is what it says: "The Congress shall have power to [...] regulate commerce with foreign nations, and among the several States, and with the Indian tribes."
"Acts that can affect commerce" are not "commerce."
207
posted on
01/30/2003 10:54:16 AM PST
by
MrLeRoy
("That government is best which governs least.")
Comment #208 Removed by Moderator
To: MrLeRoy
If memory serves, Judge Kane was the same jurist who read the IRS the RIOT ACT after discovering the IRS had PLANTED an IRS agent on a jury in a tax case in his court. I seem to recall that he declared a mistrial in the case, subjecting himself to some serious IRS scrutiny of HIS taxes.
You DO know, don't you, that because judges are also tax filers, most of them do just about whatever the IRS and US Attorneys "suggest" in those cases? One or two who refused found themselves in prison.
Judge Kane got it EXACTLY RIGHT and I wish there were thousands more like him. That there are not does not bode well for the future of due process here.
To: MrLeRoy
"Ohio can prohibit apples (regrardless of origin) WITHIN its borders."I will allow you to rethink that.
210
posted on
01/30/2003 10:57:50 AM PST
by
robertpaulsen
(Because I'm a nice guy.)
Comment #211 Removed by Moderator
To: Kevin Curry
So does that mean that George Washington was a socialist because he was a marijuana farmer? (read his diary.....7th Volume, last chapter: "Hemp As a Fibre Crop").
He also mentioned his unfortunate mistake of rooting out his male plants "a little too late"....now why would THAT be? Why would he want to prevent his famale plants from being pollinated....because pollination may actually lower the amount of THC w/in the plant, therefore Mr. Washington possibly could have been a SMOKER as well?
Send him to the gas chambers, Dane!
To: Hemingway's Ghost
and longer than it took for Dane play his Soros Card, Soros card???? What is it? Don't you like truth that uber socialist and Hillary friend, George Soros is the main funding of pro-drug causes in the US.
213
posted on
01/30/2003 11:00:17 AM PST
by
Dane
To: robertpaulsen
"Ohio can prohibit apples (regardless of origin) WITHIN its borders."I will allow you to rethink that.
Why would I want to?
214
posted on
01/30/2003 11:03:50 AM PST
by
MrLeRoy
("That government is best which governs least.")
To: robertpaulsen
If a state, or activity in that state affects, or can affect interstate commerce, congress has the power to regulate it. Fair enough, but under that expansive viewpoint, what area of domestic social policy does Congress not have the power to regulate?
Health care, education, environmental issues, and affirmative action can all affect interstate commerce since they involve economic activities.
Isn't that a very expansive, liberal view of the Constitution?
215
posted on
01/30/2003 11:07:31 AM PST
by
Ken H
To: robertpaulsen
I think that is exactly what Article I, Section 8 says. If a state, or activity in that state, affects, or can affect, interstate commerce, congress has the constitutional power to regulate it. And they have the authority (in the same Section) to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers..." Should congress have that power? Yes, I think they should.
Then you would disagree with the USSC in the case of US v Morrision, and the constitutionality of the VAWA.
216
posted on
01/30/2003 11:09:32 AM PST
by
tacticalogic
(Controlled application of force is the sincerest form of communication.)
To: philman_36
"How does growing your own pot for personal consumption affect interstate commerce?"How about this? If you built your own garbage disposal for you to use, would that affect the interstate commerce of garbage disposals?
To: philman_36
"Shall I answer this one now?"I thought you did. In your post #193 you said, "Growing pot for personal consumption IMO doesn't affect interstate commerce."
I disagree, but then again, that's not new.
To: robertpaulsen
I join in RP, growing one's own pot for personal use, does not affect interstate commerce.
however if sold it could. So in a nut shell NO.
219
posted on
01/30/2003 11:17:19 AM PST
by
vin-one
(I wish i had something clever to put in this tag)
To: tacticalogic; robertpaulsen; Roscoe
Then you would disagree with the USSC in the case of US v Morrison, and the constitutionality of the VAWA.I suppose that was the SC "legislating from the bench" again. LOL!
220
posted on
01/30/2003 11:19:21 AM PST
by
MrLeRoy
("That government is best which governs least.")
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