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To: freeeee
I beleive I once heard Charles Schumer say the same about guns.

Again, despite Senator Schumer's fervent wishes, the right to bear arms is federally guaranteed by the Bill of Rights.

There was no 11th Amendment guaranteeing the right to keep and smoke crack.

81 posted on 09/16/2004 7:57:43 AM PDT by wideawake (God bless our brave soldiers and their Commander in Chief)
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To: wideawake
There was no 11th Amendment guaranteeing the right to keep and smoke crack.

The 10th Amendment makes it none of the federal government's business.

86 posted on 09/16/2004 8:02:43 AM PDT by Know your rights (The modern enlightened liberal doesn't care what you believe as long as you don't really believe it.)
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To: wideawake
There was no 11th Amendment guaranteeing the right to keep and smoke crack.

The same old bad penny keeps on resurfacing.

Rights are not granted by the constitution or governments. They need not be enumerated to exist.

The ninth amendment explains this. Not confers it, explains it.

94 posted on 09/16/2004 8:07:29 AM PDT by Protagoras (Free speech should never be tampered with, AT ALL.)
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To: wideawake
There was no 11th Amendment guaranteeing the right to keep and smoke crack.

You've got it exactly backwards. The fed isn't empowered to do anything not explicity prohibited by the Constitution, such as ban drugs. Quite the opposite, it holds only delegated, enumerated powers:

Amendment X:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Drug prohibition is not a delegated power, thus the fed is prohibited from doing so. The interstate commerce clause is purposely misused, as it has been by big government liberals for ages, to turn the design of the Republic on its head, giving the fed almost unlimited powers.

Also, the people's rights are not limited to those enumerated by the Bill of Rights:

Amendment IX:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The founders had extensive arguments over this. Many didn't want to ratify the Bill of Rights precisely because it would lead to an interpretation such as yours.

98 posted on 09/16/2004 8:07:59 AM PDT by freeeee ("Owning" property in the US just means you have one less landlord.)
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