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To: OneWingedShark
The War on Drugs is predicated on the all-pervasive powers of the misreading of the Commerce Clause as per Wickard, the horrid decision of Raich which asserted that marijuana grown inside a state never having been sold at all was under the jurisdiction of the interstate commerce clause was only a small hop but still illustrates the length to which the courts will stretch to validate/justify the unjustifiable: not-commerce suddenly is commerce.

Libertarian talking point. "Commerce" is cited because it is convenient. The court's gave broad powers in their Wickard decision, so "why not use them" is the thinking of various legal officials. Why would they want to fight the issue out for another justification when they've already got "Wickard"? Why work for something when you don't have to?

A more rational authorization for drug interdiction is in the section responsible for defending the nation. Drugs are no different than chemical or biological weapons, and therefore the constitution authorizes the government to stop them.

85 posted on 05/04/2015 8:07:53 AM PDT by DiogenesLamp
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To: DiogenesLamp
Drugs are no different than chemical or biological weapons

Nonsense - nobody uses chemical or biological weapons against themselves.

94 posted on 05/04/2015 8:24:56 AM PDT by ConservingFreedom (A government strong enough to impose your standards is strong enough to ban them.)
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To: DiogenesLamp
> Libertarian talking point. "Commerce" is cited because it is convenient. The court's gave broad powers in their Wickard decision, so "why not use them" is the thinking of various legal officials. Why would they want to fight the issue out for another justification when they've already got "Wickard"? Why work for something when you don't have to?

Actually commerce is cited here because that's what the USSC uses to justify the War on Drugs.
I agree that it is laziness/convenience that they use Wickard, but the fact is that they do use it.

> A more rational authorization for drug interdiction is in the section responsible for defending the nation. Drugs are no different than chemical or biological weapons, and therefore the constitution authorizes the government to stop them.

Except there's a huge difference: chemical and biological weapons are deployed regardless of the will of those exposed to it; while, on the other hand, drugs aren't used by those who don't want them.

108 posted on 05/04/2015 9:17:55 AM 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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