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To: Liberal Classic
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).

51 posted on 05/16/2002 12:14:33 PM PDT by Reagan Man
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To: Reagan Man
fairly settled law,

The Commerce Clause was "fairly settled law" for 150 years before FDR screwed with it. Steak 'N Shake is older than the New Deal.

54 posted on 05/16/2002 12:17:25 PM PDT by tacticalogic
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To: Reagan Man
The basic constitutionality of the act is not addressed because it is not even arguable."

What was that again? ;)

57 posted on 05/16/2002 12:17:45 PM PDT by Liberal Classic
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To: Reagan Man
Congress can legislate under the Commerce Clause.

Have the honesty to change your name to Daschle Man.

124 posted on 05/16/2002 1:07:25 PM PDT by steve-b
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