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To: TChris

If a drug is produced in, say, Ohio, and sold there, from where does the federal government derive its jurisdiction to regulate this production and sale?


130 posted on 06/15/2006 12:37:01 PM PDT by oblomov (Join the FR Folding@Home Team (#36120) keyword: folding@home)
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To: oblomov
If a drug is produced in, say, Ohio, and sold there, from where does the federal government derive its jurisdiction to regulate this production and sale?

Since the production and sale of illicit drugs is illegal in all fifty states, and therefore "under the radar" by definition, how is the Fed Gov to know if it is or is not sold only within that state? Can you name any drug trafficking organization that rigorously confines its operations to a single state? The reality is that drug trafficking is an interstate crime in practice.

Such questions are fine for philosophical discussion but become blurrier issues in the real world. And, AFAIK, the feds don't usually get involved much with small-time stuff like a local meth lab.

135 posted on 06/15/2006 12:55:58 PM PDT by TChris ("Wake up, America. This is serious." - Ben Stein)
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To: oblomov

If a drug is produced in, say, Ohio, and sold there, from where does the federal government derive its jurisdiction to regulate this production and sale?

If you're regarding the commerce clause, the original intent of the CC was to prohibit the states from setting up barriers to entry. For example, charging a tariff to a saddle maker to transport his saddles into or through a state. The original intent had noting to do with regulating what products could be transported into or through a state. Nor did the original intent of the CC grant the government permission to regulate a product because it crossed state lines. A huge number of laws created in the last seventy years have been passed under a misinterpretation of the commerce clause. The misinterpretation of the CC has been as intentional as misinterpretation that the constitution is a living document is intentional. 

160 posted on 06/15/2006 1:57:50 PM PDT by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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