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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: robertpaulsen

No.


661 posted on 11/08/2005 11:11:33 AM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: robertpaulsen

First of all, I see that Zon is now backtracking and not calling for legalization but decriminalization. That would leave the laws on the books.

In my mind I've always thought that they should be decriminalized -- not a crime. They're inanimate objects. Can you post a quote where I said drugs should be legalized. If you do I'll correct that error. It would not leave the laws on the books because the laws deems a person in possession of drugs or dealing drugs has committed a crime. Frankly, that is embarrassingly obvious.

That is, the law should read that drug possession while travelling interstate is against the law. Or drug possession with the intent of travelling interstate (about to get on a plane) is against the law. Something like that.

Your motive for feigning inability to recognize the embarrassingly obvious was to set up your straw man. I won't dignify your straw man by responding to the rest of it.

BTW, as I've previously told you, I'm not a Libertarian.

662 posted on 11/08/2005 11:11:36 AM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: robertpaulsen
See post 606

BTW, thanks -- NOT! -- for "talking" behind my back by not pinging me  -- grrrr! :-(

663 posted on 11/08/2005 11:11:39 AM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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Comment #664 Removed by Moderator

To: Zon
Apparently neither of you as jurors would find in favor of the plaintiff...

Apparently you didn't bother to read my post before mashing "Reply" - perhaps you should back up and try again. Hint: I'm talking about what happens after the verdict for the plaintiff comes in.

665 posted on 11/08/2005 11:13:21 AM PST by Senator Bedfellow
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To: robertpaulsen
Congress has the right to legislate intrastate activity if they determine that anything done by every state within its borders would have a substantial effect on interstate trade they're currently regulating.

This rule is completely made up with no support in the Constitution. Congress has the right to legislate interstate trade. Period. For example, it can legislate the movement of machine guns between the several states. It cannot legislate the manufacture or sale of machine guns that takes place completely within a state.

The rule you provide is an obvious attempt to give the federal government more power than the Constitution grants it.
666 posted on 11/08/2005 11:17:45 AM PST by BikerNYC (Modernman should not have been banned.)
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To: Zon
Well then, I say that drug use imposes an unacceptable risk and a threat to the health and safety of our society in general and should be regulated.

Actually, that's pretty much the way Congress phrased it in the Controlled Substances Act.

667 posted on 11/08/2005 11:31:28 AM PST by robertpaulsen
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To: Zon

Hey! Wrong guy!


668 posted on 11/08/2005 11:34:29 AM PST by robertpaulsen
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To: BikerNYC
"For example, it can legislate the movement of machine guns between the several states."

Can it ban the movement of machine guns between the several states?

669 posted on 11/08/2005 11:37:49 AM PST by robertpaulsen
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To: robertpaulsen
Hey! Wrong guy!

That's okay - he didn't read the body of that post either, nevermind something so pedestrian as the "To:" field.

670 posted on 11/08/2005 11:39:11 AM PST by Senator Bedfellow
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To: BikerNYC

Can Congress regulate interstate air traffic -- set air corridors, flight rules, radio frequencies, landing patterns, etc.?


671 posted on 11/08/2005 11:40:50 AM PST by robertpaulsen
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To: robertpaulsen
Yep. Wrong guy. 

Thanks for bringing that to my attention. I'll correct the error in the following post.

672 posted on 11/08/2005 12:02:45 PM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: Rockingham
See post 657

BTW, thanks -- NOT! -- for "talking" behind my back by not pinging me  -- grrrr! :-(

673 posted on 11/08/2005 12:02:48 PM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: Senator Bedfellow

Senator Bedfellow: After all, he didn't forcibly or fraudulently deprive you or anyone else of life, liberty, or property - he just offered your third grader a big fat rock. So as a practical matter, under such a scheme, neither you nor the state have any legal justification for depriving him of his property, or his liberty. 604

You argued that the victim/child's parents have no right to sue in the first place. Thus invalidates your premise that a jury would be present to give a verdict one way or another.

Basically, you shot yourself in the foot. ...Sophistry bites back at you.

674 posted on 11/08/2005 12:05:34 PM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: robertpaulsen

Well then, I say that drug use imposes an unacceptable risk and a threat to the health and safety of our society in general and should be regulated.

I know that, It's a communitarian collectivism potion that sacrifices the individual to the good of the group and while depriving people of a society of self-governed persons. It takes a village, a'eh?

Actually, that's pretty much the way Congress phrased it in the Controlled Substances Act.

Yep, legalized plunder sacrificing the individual for the good of the group.

675 posted on 11/08/2005 12:05:37 PM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: Zon
You argued that the victim/child's parents have no right to sue in the first place

I have argued no such thing. Read for content, instead of just inventing points and then "refuting" them.

The argument stands. You have no legal or moral justification under your own scheme for enforcing any judgement, because the crack dealer has perpetrated neither force nor fraud by offering crack to the kiddies.

676 posted on 11/08/2005 12:08:37 PM PST by Senator Bedfellow
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To: airborn503
>>>>You don't want to [or can't] answer?

LOL

Have the courts used the Constitution to restrict certain basic rights of individuals, thereby negating a presumption of liberty? Yes and no. Did the Congress overstep its bounds when it created the Brady Bill, prohibitng semi-automatic weapons? Yes. Did the Congress overstep its bounds when it created the CSA of 1970, unifying existing drug regulations and continuing prohibition of illicit drugs. No.

677 posted on 11/08/2005 12:15:39 PM PST by Reagan Man (Secure our borders;punish employers who hire illegals;stop all welfare to illegals)
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To: indianrightwinger
Drugs are a reasonably subject to inter-state commerce rules imposed by the Federal government, but only as long as the regulations and laws to prevent drugs are limited to truly interstate commerce issues

Are you then saying that if I grow pot in my back yard for private consumption (which I do not, btw, I do not take any drugs, other than caffeine and alcohol), that the fed has no authority or jurisdiction?

678 posted on 11/08/2005 12:19:02 PM PST by chronic_loser (Handle provided free of charge as flame bait for the neurally vacant.)
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To: Zon
"It's a communitarian collectivism potion that sacrifices the individual to the good of the group and while depriving people of a society of self-governed persons."

"Every society has a right to fix the fundamental principles of its association, and to say to all individuals, that if they contemplate pursuits beyond the limits of these principles and involving dangers which the society chooses to avoid, they must go somewhere else for their exercise; that we want no citizens, and still less ephemeral and pseudo-citizens, on such terms. We may exclude them from our territory, as we do persons infected with disease."
-- Thomas Jefferson to William H. Crawford, 1816.

679 posted on 11/08/2005 12:22:12 PM PST by robertpaulsen
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To: Senator Bedfellow

You have no legal or moral justification under your own scheme for enforcing any judgement, because the crack dealer has perpetrated neither force nor fraud by offering crack to the kiddies.

Do have legal and moral justification. It should be illegal to sell alcohol and drugs to minors. Even if it weren't, parents have the right if not obligation to protect their child from their immaturity that renders them unable to make informed choices. An impartial jury could decide if the dealers act of attempting to make a sale threatened harm to the child and what restitution is due.

If it were an adult (potential customer) the dealer was attempting to make a sale to the potential customer could take the dealer to court and try to convince an impartial jury that he was harmed by the drug dealers attempt to sell him drugs. Most likely, if the judge didn't dismiss the case the impartial jury would find that no harm was done to the plaintiff.

Adults have full right of free association. So long as two adult's agree to associate neither is being defrauded. A child can be defrauded when an adult convinces the child to associate.

680 posted on 11/08/2005 12:42:16 PM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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