Abuse of commerce clause and 10th amendment.
I was aware of the decision there, but was bantering with a "pot must be legalized because the law is wrong" type. There's no question, in my mind, that the illegality is established in case law, but the idea that a NATION-WIDE legalization effort would not pass by a majority vote.
Abuse of commerce clause and 10th amendment.(winston2)
I was aware of the decision there, but was bantering with a "pot must be legalized because the law is wrong" type.
I say the best reason to decriminalize cannabis use is that the laws and penalties violate the spirit of the U.S. Constitution.
There's no question, in my mind, that the illegality is established in case law,(snip)
There's no question in my mind that the federal laws against cannabis use violate the Tenth Amendment and abuse the commerce clause.
but the idea that a NATION-WIDE legalization effort would not pass by a majority vote.
Whether or not anything such as personal recreational drug use would "pass a NATION-WIDE legalization effort" ignores the most practical principle of the Tenth Amendment. We U.S. citizens have yielded way too much of our local law making to the fed.s and to our own destruction. I could easily think of a long list of state laws that work just fine. In fact the principle of local control creates a wide array of "experiments" which if successful - will be embraced by other states, if failures - will be abandoned.