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To: ConservingFreedom; All
The doctors defending the constitutionality of marijuana should sober up and read the Constitution before making their claims about marijuana. Doing so would make life easier for them.

Even if marijuana was the demon drug that the feds claim it is, with the exception of interstate commerce, the Constitution doesn’t give the feds a voice on marijuana issues where intrastate commerce is concerned.

More specifically regardless what FDR’s activist justices wanted everybody to think about the scope of Congress’s Commerce Clause powers when it wrongly decided Wickard v. Filburn in Congress’s favor in 1942, Constitution-respecting justices had previously clarified that the feds have no power to regulate intrastate commerce as evidenced by the following excerpt.

”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” —Gibbons v. Ogden, 1824.

And since marijuana is not just an intrastate commerce issue but also an agricultural issue, note that the Supreme Court later clarified that the states have never delegated to Congress, expressly via Constitution, the specific power to regulate agricultural production.

”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited. None to regulate agricultural production is given, and therefore legislation by Congress for that purpose is forbidden [emphasis added].” —United States v. Butler, 1936.

Again, regardless what FDR’s thug justices wanted everybody to believe concerning the scope of Congress’s Commerce Clause powers, the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate intrastate commerce which includes agricultural production and therefore marijuana production.

14 posted on 10/23/2014 11:36:50 AM PDT by Amendment10
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To: Amendment10
The 10th Amendment .. what a quaint notion.

Obviously penned for a republic whose people still valued liberty.

For an electorate that twice abetted the coup of a marxist traitor møngrel, its provision may just as well state that 'everyone deserves a unicorn' . . .

34 posted on 10/23/2014 2:04:40 PM PDT by tomkat
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