[Liberal Classic]

"The Controlled Substances Act (CSA), Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, is the legal foundation of the government's fight against the abuse of drugs and other substances. This law is a consolidation of numerous laws regulating the manufacture and distribution of narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and chemicals used in the illicit production of controlled substances. "

Not to nag, or anything, but what constitutional foundation exists to support Comprehensive Drug Abuse Prevention and Control Act of 1970?

[truenospinzone]

I was wondering that myself. The argument seems to be, "We have the right to do this because...ummm...we wrote something that says we could." Sounds like the permission slips I wrote for myself in middle school.

[Reagan Man]

Not to nag, or anything, but what constitutional foundation exists to support Comprehensive Drug Abuse Prevention and Control Act of 1970?

The basic constitutionality of the act is not addressed because it is not even arguable. Congress can legislate under the Commerce Clause. The ONLY issue was one of delegation, can Congress delegate it's legislative authority to an executive-branch agency. Again, under fairly settled law, Congress can so long as it limits the discretion of the agency and provides the overall structure/guidance to the agency in the grant of delegation, and so long as the agency follows established principles of administrative law (due process, review and comment, etc).