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FR Poll Thread: Does the Interstate Commerce Clause authorize prohibition of drugs and firearms?
Free Republic ^ | 11-3-05

Posted on 11/03/2005 2:24:08 PM PST by inquest

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To: Mojave
More like pro-drug cranks discussing how they could rationalize voiding the elective process.

Personal attacks don't win arguments.

281 posted on 11/06/2005 9:13:59 AM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: Rockingham
But they may very well have granted limited authority understanding that it wouldn't necessarily be effective in EVERY case ... so the argument that federal interstate regulation of drugs is ineffective without federal intrastate regulation of drugs in no way establishes the constitutionality of the latter.

Assume, for purposes of argument, that the best and only prospect for the suppression of marijuana cultivation and commerce requires a comprehensive federal prohibition.

On such facts, would you grant that the commerce clause and the necessary and proper clause authorized a comprehensive federal prohibition against marijuana

I thought I made that clear: no. I believe that when the Constitution limits federal authority to interstate commerce ("among the several states") it means what it says.

282 posted on 11/06/2005 9:16:01 AM PST 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: Zon
You posted re a WODdie: You're anti-honesty.

Were we to have transparency and honesty, the 'system' wouldn't last a week.

Lies are the last element of a socialist regime to be abandoned. The lies will be clung to when all else is gone.

It's the Jonestown paradigm.

283 posted on 11/06/2005 9:16:02 AM PST by headsonpikes (The Liberal Party of Canada are not b*stards - b*stards have mothers!)
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To: robertpaulsen

I made note of Anslinger's hypocrisy. While it's just a movie, I suspect you like it's application of propaganda.


284 posted on 11/06/2005 9:17:37 AM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: Reagan Man
Linking drugs with firearms should have immediately raised a red flag for most folks, leading to the only rational answer possible, "Undecided/Pass".

Do you think Madison would view intrastate drug prohibition as being in accordance with the original intent of the power of Congress to regulate commerce among the several States?

Yet it is very certain that it grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged.

Madison in Federalist 45:

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.

285 posted on 11/06/2005 9:17:45 AM PST by Ken H
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To: inquest
"Some of these things are highly specious "interpretations", others are necessary consequences of the text."

Did the U.S. Supreme Court categorize them this way, or is this simply your opinion?

"Since you've provided nothing from either the text or original intent to defend your position on "substantial effects"

What, legislating an intrastate activity (using the power of the Necessary and Proper Clause) that has a substantial effect on the interstate commerce that Congress is regulating is not a necessary consequence of the text of the Commerce Clause? You're saying that if Congress is constitutionally regulating interstate airline traffic, each state should be allowed to regulate purely intrastate airline traffic -- setting air traffic routes, radio frequencies, landing patterns, etc., and that Congress has no authority over this activity?

286 posted on 11/06/2005 9:20:24 AM PST by robertpaulsen
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To: headsonpikes
It's the Jonestown paradigm.


287 posted on 11/06/2005 9:22:09 AM PST by Mojave
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To: Rockingham
he has soundly rebutted your claim that "In the parlance of the era, 'several states' refers to the states as a whole."

To return to the main issue as it involves guns

So you concede the point on the meaning of 'several states'?

288 posted on 11/06/2005 9:22:49 AM PST 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: R. Scott
It’s been a downhill slide ever since.

It sure has. The court had the chance to correct that abomination from the past in Raich. They chose the commie path and decided against the Constitution...again.
.
289 posted on 11/06/2005 9:24:01 AM PST by mugs99
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To: headsonpikes

Lies are the last element of a socialist regime to be abandoned. The lies will be clung to when all else is gone.

We see that occurring in the CIA leak issue. The MSM, democrats, screeching celebrities and Wilson are analogous to a toddler with his hands covering his eyes exclaiming "you can't see me".

It's the Jonestown paradigm.

That is predicted and people will need anchors to reality to come through. These are known.

290 posted on 11/06/2005 9:25:31 AM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: Mojave

That a picture of your bedroom?
What kind of "drugs" are those all spread out. I recognize the anti-malaria quinine tabs, but can't figure out what that other stuff you're using is.


291 posted on 11/06/2005 9:29:32 AM PST by mugs99
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To: tacticalogic

Fine. That's your opinion. I still think it was a badly worded question. After all, there was no visible drug problem in American society in the late 1700`s. The circumstances were drastically different in the second half of the 20th century, leading to the creation of a standard national drug strategy with the CSA of 1970.


292 posted on 11/06/2005 9:29:56 AM PST by Reagan Man (Secure our borders;punish employers who hire illegals;stop all welfare to illegals)
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To: Reagan Man
Now that you've seemingly abandoned your silly evasion about "Then you take a legal run at it and we'll see how far you get," perhaps we can have the real discussion you claim to want.

You objected to this SCOTUS decision and said it was "A dubious claim at best since plaintiffs didn't challenge the constitutionality of the CSA as a whole."

No, I objected with those words to your mischaracterization of that decision as upholding the CSA, when all it really did was uphold the challenged section.

many people from across the political spectrum view Roe v Wade as a bad decision and for good reason.

Many people view the CSA as an unconstitutional law and for good reason: the Constitution gives the federal government no more than very narrow authority over intrastate transactions (as all pre-FDR courts that ruled on the issue recognized).

293 posted on 11/06/2005 9:31:08 AM PST 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: robertpaulsen
The goal being effectiveness in many cases

Well, I must have missed the part about, "Comgress shall have the power to regulate commerce among the states most of the time".

Yet another of your straw men; Congress has the power to regulate commerce among the states all of the time, but has no guarantee that it will be effective all of the time, nor a blank-check grant of the powers needed to make it effective all of the time.

294 posted on 11/06/2005 9:33:56 AM PST 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: robertpaulsen
Everything there is out-of-context

Anyone who wants to know can click the links I provide and see that you're wrong.

295 posted on 11/06/2005 9:35:36 AM PST 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: inquest
Hey, if you're claiming that the original intent of the second amendment was "arms for our own defence" then so be it. My question to you continues to be, is original intent the same as sole intent?

In other words, is the sole intent of the second amendment "arms for our own defence" or can arms be used for other purposes? If arms can be used for other purposes (eg., hunting), then please tell me the significance of "original intent" (other than historical curiosity).

Why are you refusing to answer this question?

296 posted on 11/06/2005 9:35:47 AM PST by robertpaulsen
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To: Mojave

Those poor buggers in Jamestown could have been drowned like kittens - would you then criminalize water?

Does it really matter what means of genocide a regime uses to liquidate its people?

Gas, drugs, bullets, machetes, curettes - all are effective.

But the real foundation of every totalitarian utopian scheme is the Lie - you know, like the one you believe!


297 posted on 11/06/2005 9:36:55 AM PST by headsonpikes (The Liberal Party of Canada are not b*stards - b*stards have mothers!)
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To: robertpaulsen
Are you saying that he and the other farmers should be allowed to get the federally subsidized price for their wheat (which was 3X world market price) and still be allowed to grow all they wanted, thereby undermining the program?

No, but he tried to get out from under the interstate commerce because it was not for interstate sale. I included our Congress because they took that decision as the go ahead to use the clause for anything that wished.
298 posted on 11/06/2005 9:37:30 AM PST by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink.)
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To: inquest

Why not use ISC to edit newspapers, internet sites, ....


299 posted on 11/06/2005 9:37:46 AM PST by N3WBI3 (If SCO wants to go fishing they should buy a permit and find a lake like the rest of us..)
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To: mugs99

It's getting to be a habit.


300 posted on 11/06/2005 9:37:58 AM PST by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink.)
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