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To: OneWingedShark

“Just say no”, Nancy Reagan.


115 posted on 03/09/2014 9:53:04 PM PDT by A CA Guy ( God Bless America, God Bless and keep safe our fighting men and women.)
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To: A CA Guy
That answers nothing.
The questions I posed were:
  1. Is not the War on Drugs a disaster wrapped in something good-sounding? (Be it flag, 'conservatism', morality, etc)
  2. Is it disaster to correct illegitimate 'laws', even if those 'laws' are so embedded/ingrained in our judicial system?
    • Warrantless searches, justified in Kentucky v. King
      The Fourth Amendment expressly imposes two requirements: All searches and seizures must be reasonable; and a warrant may not be issued unless probable cause is properly established and the scope of the authorized search is set out with particularity. […] The proper test follows from the principle that permits warrantless searches: warrantless searches are allowed when the circumstances make it reasonable, within the meaning of the Fourth Amendment, to dispense with the warrant requirement.
    • That non-commerce may be regulated by congress via the commerce clause
      If Congress decides that the “‘total incidence’” of a practice poses a threat to a national market, it may regulate the entire class. […] the Court established that Congress can regulate purely intrastate activity that is not itself “commercial,” i.e., not produced for sale, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that commodity.
    • That the Congress may magically turn intrastate commerce into interstate commerce by way of definition; from wickard v. Fillburn:
      It is urged that, under the Commerce Clause of the Constitution, Article I, § 8, clause 3, Congress does not possess the power it has in this instance sought to exercise. The question would merit little consideration, since our decision in United States v. Darby, sustaining the federal power to regulate production of goods for commerce, except for the fact that this Act extends federal regulation to production not intended in any part for commerce, but wholly for consumption on the farm. The Act includes a definition of "market" and its derivatives, so that, as related to wheat, in addition to its conventional meaning, it also means to dispose of by feeding (in any form) to poultry or livestock which, or the products of which, are sold, bartered, or exchanged, or to be so disposed of.
    • That it is acceptable use of eminent domain to take private property and turn it over to another private entity for development… citing projected increase tax revenue as the public use. (See Kelo)
    • That there is a right to privacy under the ninth amendment which prohibits the several states from enacting penalties for abortion… while the same right to privacy amounts to naught in the Affordable Care Act, or with respect to domestic spying ("[meta]data collection").
  3. Is for their own good it itself an adequate reason to impose, via authority, something contrary to what a person might will?

116 posted on 03/09/2014 10:35:53 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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