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To: ellery
"I think the more relevant amendment here is number 10. State legislators have the right to ban or allow drug use in their state."

I would agree with your contention, prior to the ratification of the 14th amendment, that the 10th amendment is relevant in the regulation and prohibition of drug use by state citizens.

But the enactment and ratification of the 14th amendendment and it's application by the Supreme Court as the constitutional justification of federal jurisdiction within the boundaries of a state, has now been the mechanism to overturn state laws as unconstitutional.

For example Roe v Wade is the most infamous case of applying federal jurisdiction with in the boundaries of a state in modern times.

Originally, federal jurisdiction within the boundaries of a state was defined in Art I, Sec 8, Cl 17.

As the federal constitution is applied now, within the boundaries of a state, using the 14th amendment as the constitutional basis and justification for federal jurisdiction, the 10th amendment has almost been rendered superfluous.

156 posted on 10/18/2003 10:39:20 AM PDT by tahiti
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To: tahiti
That's interesting information. I had thought the feds were basing their interference in intrastate drug matters on the commerce clause. I'll have to read more on this. Thanks!
167 posted on 10/18/2003 5:04:04 PM PDT by ellery
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