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Cannabis Capitulation: The Marijuana Exception to Jan Brewer's Federalism
Townhall.com ^ | July 27, 2011 | Jacob Sullum

Posted on 07/27/2011 10:42:14 AM PDT by Kaslin

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To: Huck
The SCOTUS, a body which rules arbitrarily according to its own whims

Where is this prohibited in the Constitution? Answer: It isn't.

Of course not. I never said otherwise. I simply called it what it is.

Where in the Constitution is the SCOTUS granted its power as final arbiter of the Constitution's meaning? Answer: Nowhere. John Marshall simply seized that power when the opportunity presented itself. The Constitution died that day.

You may comfort yourself that we aren't (yet) under the bootheel of "a totalitarian, communist state", if you like. It matters little. What we are under is the arbitrary rule-at-whim tyranny of the completely unaccountable. That it could get worse (and probably will), and that other countries have (had) it worse, is a discussion of degree, not kind.

"Stroke of the pen, law of the land", applies to more than just the imperial presidency.

41 posted on 07/27/2011 1:48:49 PM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: Cboldt

Very similar to the Mafia. That’s government.


42 posted on 07/27/2011 1:52:07 PM PDT by Huck
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To: utherdoul
why do we need a “federal controlled substances act”?

It's for the children. /sarcasm

43 posted on 07/27/2011 1:54:01 PM PDT by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know. . .)
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To: ArrogantBustard
Article 3 gives the SCOTUS that power. That was well understood at the time, by proponents and opponents of the Constitition. In fact, it was one of the strongest arguments AGAINST the Constitution.

See Brutus' 11th and 12th essays. For the pro side, see Federalist...IIRC it's 78. Hamilton.

44 posted on 07/27/2011 1:54:11 PM PDT by Huck
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To: Semper911
Thanks for the post, FRiend.

The reason the plant is so effective vs. synthetic THC is that it is impossible to synthesize the same structure in a lab. See the papers on synthetic THC by Dr. Alex Shulgin

Unfortunately, research and development of this plant is still prohibited nearly worldwide. Very few chemists in the US are allowed and the government only allows those few to work with government-produced cannabis (garbage).

One day people will wake up. I am confident that cannabis will yield far better meds than opium.

45 posted on 07/27/2011 1:58:18 PM PDT by varyouga
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To: Cboldt
See again, prohibition.

There's no question the court has gained latitude over time. That's the nature of the government under this Constitution. Each precedent creates the foundation for the next, and so on. None of this is a surprise:

When the courts will have a precedent before them of a court which extended its jurisdiction in opposition to an act of the legislature, is it not to be expected that they will extend theirs, especially when there is nothing in the constitution expressly against it? and they are authorised to construe its meaning, and are not under any controul?

Brutus, 31 January 1788


46 posted on 07/27/2011 1:59:15 PM PDT by Huck
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To: Huck
Article 3 gives the SCOTUS that power.

Nonsense.

That was well understood at the time, by proponents and opponents of the Constitition.

Now you want to argue legislative intent, when earlier you rejected it? ROFL!!!

It should not be hard to recognize that our government is simply out of control. That all four branches (the professional bureaucracy is effectively a fourth branch) regularly and routinely seize powers not granted to them. That they are functionally a tyranny.

Even the worst of the Federalists did not (overtly) intend to create an arbitrary, capricious, unlimited, and unaccountable government ... yet that is precisely what we have. Delegated authority is irrelevant to it; seized power is the rule of the day. It's tyranny, even if some folks are unwilling to call it that. Even your own arguments on this thread support that fact.

47 posted on 07/27/2011 2:05:22 PM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: Huck
There's no question the court has gained latitude over time.

"Gained latitude"?

That's a really soft and fuzzy way of saying "seized power". Trouble is, those who seize power aren't particularly soft and fuzzy.

48 posted on 07/27/2011 2:07:18 PM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: ArrogantBustard
It should not be hard to recognize that our government is simply out of control.

I think it's pretty obvious.

49 posted on 07/27/2011 2:11:26 PM PDT by Huck
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To: ArrogantBustard
Now you want to argue legislative intent

Incorrect. I said nothing of anyone's intent.

50 posted on 07/27/2011 2:14:09 PM PDT by Huck
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To: Huck
It's real simple.

Is the Controlled Substance Act a federal law? Yes.

Does it criminalize marijuana? Yes.

Does federal law trump contradictory state law? Yes.

End of story.

Wow. i haven't seen the modern fixation n the absolute worship of the law stated quite so succintly in a while.

Thanks.

51 posted on 07/27/2011 2:19:21 PM PDT by zeugma (The only thing in the social security trust fund is your children and grandchildren's sweat.)
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To: docbnj
Then we will pay for the results: crimes by intoxicated "medicated" addicts, and treatments and support when their brains have been fried by years of psychedelic therapy.

Violent crime has plunged in CA since medical marijuana was started in 1996.¹ According to your questionable and unsupported claim, that shouldn't have happened.

Your evidence for increased crime is...?

______________________________________

¹http://www.disastercenter.com/crime/cacrime.htm

52 posted on 07/27/2011 2:21:00 PM PDT by Ken H
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To: zeugma

Just stating the facts. Ignore them at your own risk.


53 posted on 07/27/2011 2:21:20 PM PDT by Huck
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To: Huck
I think it's pretty obvious [that our government is out of control].

Duh! So ... why try to invent constitutional fig-leaves to cover its naked power grabbing? Why pretend that the interstate commerce clause authorizes controlling "substances"? Why not simply recognize that neither the Congress, nor the courts, nor the executive are granted any such authority? Why not simply recognize that they have baldly seized the power to do it, and nobody is in any position to say them "nay"?

You're quoting the anti-federalists, who more or less predicted that outcome. Why not say "they were right"?

54 posted on 07/27/2011 2:21:59 PM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: ArrogantBustard
Why pretend that the interstate commerce clause authorizes controlling "substances"?

I'm not pretending. That's the law.

Why not simply recognize that neither the Congress, nor the courts, nor the executive are granted any such authority?

Because they have the authority. Article 3 gives the SCOTUS the power to interpret the law. And that's that.

Why not simply recognize that they have baldly seized the power to do it, and nobody is in any position to say them "nay"?

Actually, the people could pass an amendment saying NAY anytime they want. But most people like it the way it is.

You're quoting the anti-federalists, who more or less predicted that outcome. Why not say "they were right"?

I say it all the time. But see, they didn't predict that the Constitution would be violated. They predicted that the Constitution ALLOWED such expanding power. They saw that implied powers, combined with an unaccountable supreme judiciary, was certain to lead to ever-expanding power.

In short, the antifederalists argued that the Constitution was a horribly flawed document that should have been rejected on the grounds that it granted virtually unbounded power to the national government. I agree.

55 posted on 07/27/2011 2:28:51 PM PDT by Huck
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To: Huck
Why pretend that the interstate commerce clause authorizes controlling "substances"? I'm not pretending. That's the law.

No, it's the whimsical, arbitrary, unaccountable ruling of the SCOTUS. That doesn't mean goons with MP-5s won't enforce that. It just means that when they do, they're enforcing the edicts of tyrants.

Article 3 gives the SCOTUS the power to interpret the law.

So says the SCOTUS. How ... convenient.

Actually, the people could pass an amendment saying NAY anytime they want.

ROFL!!!!

I say it all the time.

Good. Keep it up.

But see, they didn't predict that the Constitution would be violated.

If so, then they were wrong. It's violated routinely. Drug laws are a prime example.

They predicted that the Constitution ALLOWED such expanding power.

That's the least of its flaws.

the antifederalists argued that the Constitution was a horribly flawed document that should have been rejected on the grounds that it granted virtually unbounded power to the national government.

I don't agree. The Constitution does not grant such powers. It's worse than that. The Constitution offers absolutely no way to prevent the national government seizing powers it was not granted.

56 posted on 07/27/2011 2:41:11 PM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: ArrogantBustard

You contradict yourself. Why is it good to say the antifeds were right when you disagree with them? Makes no sense. It’s because you’re trying to square the circle.


57 posted on 07/27/2011 2:45:13 PM PDT by Huck
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To: Huck
My "see again, prohibition" remark was meant to invoke the power of the jury to nullify law that society (the jury) rejects, in the face of legislative and court opposition. Juries in the prohibition era tended to render "not guilty" verdicts, with no regard for the evidence or faux pomp and power of the courtroom.

When society rejects the government, the government has lost legitimacy. The battle becomes, as you point out, one of brute force and wills.

58 posted on 07/27/2011 2:52:30 PM PDT by Cboldt
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To: Huck
Why is it good to say the antifeds were right when you disagree with them?

A person or group can be right about some things, and wrong about others. A person or group can see disaster looming, but be wrong in some respects as to the complete nature and extent of the disaster.

So ... the antifeds were correct that the proposed Constitution was a disaster waiting to happen. I argue that it was worse than they thought. Not a hard concept to follow, and requires no squaring of circles. In fact, in your efforts to find Constitutional authority for acts of government which completely lack such, you appear to me to be trying to square the circle.

59 posted on 07/27/2011 2:59:39 PM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: Regulator

yeah, well I hope Huck reads this. I think that is who you meant to address it to. I get it. He doesn’t.


60 posted on 07/27/2011 3:22:33 PM PDT by yldstrk (My heroes have always been cowboys)
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