To: Roscoe
Exactly. Tens of thousands of convictions, and not one overturned on the basis of the bogus claim that there is a Constitutional right to manufacture, sell and use illicit drugs
We're not saying there is a Constitutional right to sell use and manufacture pot. We're saying that the FEDERAL GOVERNMENT has no authority to pursue a FEDERAL PROHIBITION of it. States can prohibit or allow as they like, as allowed by the 10th Amendment.
There's no Constitutional right to manufacture, distribute or use hamburger meat either, but that doesn't come up in court, now does it?
To: WyldKard
We're not saying there is a Constitutional right to sell use and manufacture pot. We're saying that the FEDERAL GOVERNMENT has no authority to pursue a FEDERAL PROHIBITION of it. States can prohibit or allow as they like, as allowed by the 10th Amendment.
"Congress can certainly regulate interstate commerce to the extent of forbidding and punishing the use of such commerce as an agency to promote immorality, dishonesty or the spread of any evil or harm to the people of other states from the state of origin." -- U.S. Supreme Court BROOKS v. U S, 267 U.S. 432 (1925)
To regulate is "to prescribe the rule by which commerce is to be governed" (Gibbons v. Ogden, 9 Wheat. 1, 196); "to foster, protect, control and restrain" (Second Employers' Liability Cases, 223 U.S. 1, 47). One form of such regulation is prohibition. In re Rahrer, 140 U.S. 545; Lottery Case, 188 U.S. 321; Hipolite Egg Co. v. United States, 220 U.S. 45; United States v. Lexington Mill & Elevator Co., 232 U.S. 399; Hoke v. United States, 227 U.S. 308; Clark Distilling Co. v. Western Maryland Ry. Co., 242 U.S. 311; Seven Cases of Eckman's Alterative v. United States, 239 U.S. 510.
555 posted on
09/05/2002 9:58:48 AM PDT by
Roscoe
To: WyldKard
558 posted on
09/05/2002 10:07:40 AM PDT by
Roscoe
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