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To: Mong
Complete elimination of all federal laws and regulations on all (even the non-recreational) drugs? Keyphrase is "federal" laws, hey?

Yes, "federal" is the key...because the 10th Amendment is absolutely clear about what Congress made address, and what it may not.

...UNLESS one wishes to assert that there is a right, under the 9th Amendment, to put into one's body whatever one desires, as long as one isn't hurting someone else.

In my opinion, arguing that one has that right under the 9th Amendment, would potentially involve judicial activism. I would expect that there were state or local laws, at the time the Constitution was written, that prohibitted the use of...alcohol, for instance. If so, then an argument under the 9th amendment would be judicial activism, which I don't support.

...some would say that it's debatable whether or not complete elimination of all federal laws and regulations would promote the general welfare...

As I pointed out previously, the Constitution does NOT authorize Congress to do anything that is in the "general welfare" of the people. The Constitution ONLY authorizes the Congress to do the "general welfare" items that are SPECIFICALLY ENUMERATED (listed) in Article I, Section 8 (e.g., "coin money and regulate the value thereof," or "establish Post Offices."

I have mixed feelings about the FDA's process for approving new drugs and how they're scheduled, for instance, but I think we're better off overall with the approval process.

This reminds me of something I read from my mother just last night. She said that, even though the Constitution forbids it, it's probably still good that the federal government owns national parks or wilderness areas. But she was wrong. (Doesn't happen too often. ;-)) And you are wrong. We're NEVER "better off" when the federal government violates The Law. Because when they do it on one thing, and people don't complain/agitate/revolt until they STOP, they are just encouraged to violate The Law on something else.

If we're indeed "better off" with the FDA (not possible, in my opinion), it would ONLY be true if there was first (or second) a Constitutional amendment to allow the FDA.

The federal goverment should follow The Law. No exceptions. Instead, they virtually never follow The Law. And it's costing us, big-time (25% of our income, to start with).

240 posted on 05/16/2002 5:14:41 PM PDT by Mark Bahner
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To: Mark Bahner
Ever notice that no one ever shows up to defend the Commerce Clause on spotted owl or freon threads? Just drug threads. It's almost Pavlovian.
249 posted on 05/16/2002 5:58:18 PM PDT by tacticalogic
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To: Mark Bahner
Mark, thanks for the reply. You should listen to you mother ;) (although I don't always listen to mine...heh). As far as the history, I know Theodore Roosevelt gave an ear to Upton Sinclair after he wrote "The Jungle" ... but, I really don't have the time to research all the arguments regarding whether or not the actual creation of FDA was unconstitutional (and I'm not gonna take your word for it that it wasn't), although a quick google search seems to reveal that the FDA people have engaged in a few Constitutionally questionable activities from time to time.

Anyway, suffice it say for now, that I have plenty bitches about the WoD. The WoD has been blatantly unsuccessful as to its stated purpose (but it has been successful at fattening up agencies like the DEA, enriching their outlaw drug cartel counterparts due price inflation, etc.), and, I think the WoD has done substantionally more harm then good to our country.

Also, here's a couple links you and others might enjoy reading (whether or not you agree with them in whole or in part... I don't agree with every point in the articles myself), if you haven't seen them.

A special report by a Libertarian on the War on Drugs, that brings up the issues of slavery
and the 13th Amendment: http://injusticeline.com/slave2.html

And: http://www.spunk.org/library/writers/black/sp001675.html

540 posted on 05/18/2002 1:56:58 PM PDT by Mong
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