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Twenty-three year old man shot dead by police in a marijuana raid
Dayton Daily News ^ | 10/01/02 | Cathy Mong

Posted on 10/01/2002 7:16:59 AM PDT by Phantom Lord

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To: Hemingway's Ghost
Perhaps if you brought forward evidence that FDR and the Illuminati used time machines to go back and manipulate the 1824 Gibbons decision, your conspiracy theory of the law might be less inane.
361 posted on 10/02/2002 1:42:20 PM PDT by Roscoe
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To: FormerLurker
Apparently it's easier to repeal a Constitutional Amendment than repeal an act of Congress.

Oh? How long did it take?

362 posted on 10/02/2002 1:45:19 PM PDT by Roscoe
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To: Roscoe
BTW, absinthe was banned in the United States in 1912.

The SALE of absinthe was banned, although possession remains legal to this day. Importation (while a murky subject) for personal use is apparently still legal, although if found by US Customs being brought into the country, it will be confiscated.

363 posted on 10/02/2002 1:48:03 PM PDT by FormerLurker
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To: Roscoe
That laughter you hear is everyone who has actually taken a con law class roaring over the fact that you're still trying to apply Gibbons to this issue here.
364 posted on 10/02/2002 1:48:41 PM PDT by Hemingway's Ghost
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To: Roscoe
Oh? How long did it take?

The 21st Amendment which repealed the 18th was proposed by Congress February 20, 1933, and proclaimed adopted December 5, 1933.

So that is a little less than 10 months.

365 posted on 10/02/2002 1:50:50 PM PDT by FormerLurker
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To: Roscoe
You seem to be suggesting that enforcement must wait until the moment of actual sale. That's ludicrous.

I know it sounds radical, but some people think the police should wait until someone actually commits a crime before they arrest them.

366 posted on 10/02/2002 1:52:38 PM PDT by tacticalogic
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To: AppyPappy
As a resident of this area, I have heard nothing about Ted Nugent being here. Calling these people hippies is mild. They showed up at the funeral in tiedie tees and jeans, and multiple body piercings.
367 posted on 10/02/2002 1:52:52 PM PDT by Wiser now
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To: Roscoe
Massive amounts of illicit drugs are being "bought, sold or traded." Congress and the states both typically set different penalties for possession of different quantitities of illicit drugs.

That still doesn't explain the logic that says if some of a particular item is bought, sold or traded, then all of it is commerce, and all of it is interstate.

368 posted on 10/02/2002 1:58:53 PM PDT by tacticalogic
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To: FormerLurker
So that is a little less than 10 months.

1919 to 1933 is 14 years.

369 posted on 10/02/2002 2:28:39 PM PDT by Roscoe
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To: Hemingway's Ghost
That laughter you hear

Sorry, I can't hear the voices in your head.

370 posted on 10/02/2002 2:29:25 PM PDT by Roscoe
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To: Roscoe
1919 to 1933 is 14 years.

Er, they didn't TRY to repeal the 18th Amendment as soon as it was ratified Roscoe.

The time it took to ratify the 21st Amendment was 10 months. By comparison, the 18th Amendment was proposed on December 19, 1917 and was proclaimed adopted on January 29, 1919. That is a time frame of a little over 13 months...

In any event, how many federal laws have EVER been repealed?

371 posted on 10/02/2002 2:38:13 PM PDT by FormerLurker
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To: Phantom Lord
The latest on this story: There was a 9mm gun found in the stairwell near the body, and NO blue cup. This is an old farmhouse,circa 1870 to 1900, with one of those enclosed staircases with pivoting stairs
372 posted on 10/02/2002 2:42:17 PM PDT by Wiser now
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To: tacticalogic
That still doesn't explain the logic that says if some of a particular item is bought, sold or traded, then all of it is commerce, and all of it is interstate.

It isn't reasonably possible to make the distinction between the two, as a general rule. A package of illicit drugs doesn't include documentation certifying its origins and various destinations. In practice, enforcement efforts aren't directed toward personal users with a closet growlight.

373 posted on 10/02/2002 2:42:27 PM PDT by Roscoe
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To: FormerLurker
Er, they didn't TRY to repeal the 18th Amendment as soon as it was ratified Roscoe.

There was opposition from the very beginning.

374 posted on 10/02/2002 2:43:22 PM PDT by Roscoe
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To: tacticalogic
I know it sounds radical, but some people think the police should wait until someone actually commits a crime before they arrest them.

Possession of illicit drugs is normally a crime.

375 posted on 10/02/2002 2:44:52 PM PDT by Roscoe
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To: Roscoe
Possession of illicit drugs is normally a crime.

Then why pray tell wasn't the possession of alcohol illegal during the Prohibition? Why is it that the Commerce clause is sufficient to PROHIBIT drugs but not alcohol?

376 posted on 10/02/2002 3:09:51 PM PDT by FormerLurker
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To: Roscoe
There was opposition from the very beginning.

Then they shouldn't have proposed and ratified the 18th Amendement. If it were so easy to nullify and Act of Congress as you imply, then perhaps that should have gone THAT route. Perhaps Roscoe, they realized that it was UNCONSTITUTIONAL to PROHIBIT ANYTHING via the Commerce clause.

THAT is the reason why they passed the 18th Amendment, as the Commerce clause DOES NOT EMPOWER Congress to prohibit anything whatsoever.

377 posted on 10/02/2002 3:13:39 PM PDT by FormerLurker
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To: Hemingway's Ghost
BTW, here's another cite for your "con law" class at the back of the trailer park.

The Supremacy Clause of Article VI of the United States Constitution mandates that federal law supersede state law where there is an outright conflict between such laws. See Gibbons v. Ogden, 22 (9 Wheat) U.S. 1, 210, 6 L.Ed. 23 (1824); Free v. Bland, 369 U.S. 663, 666, 82 S. Ct. 1089, 8 L.Ed.2d 180 (1962); Industrial Truck Ass'n, Inc. v. Henry, 125 F.3d 1305, 1309 (9th Cir. 1997) (state law is preempted "where it is impossible to comply with both state and federal requirements, or where state law stands as an obstacle to the accomplishment and execution of the full purpose and objectives of Congress"). Recognizing this basic principle of constitutional law, defendants do not contend that Proposition 215 supersedes federal law, 21 U.S.C. § 841(a). Indeed, Proposition 215 on its face purports only to exempt certain patients and their primary caregivers from prosecution under certain California drug laws-it does not purport to exempt those patients and caregivers from the federal laws.

May 13, 1998 Order from the District Court
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA


378 posted on 10/02/2002 3:14:58 PM PDT by Roscoe
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To: FormerLurker
Then they shouldn't have proposed and ratified the 18th Amendement.

What Amendment to the Constitution ever faced no opposition?

379 posted on 10/02/2002 3:16:15 PM PDT by Roscoe
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To: FormerLurker
Then why pray tell wasn't the possession of alcohol illegal during the Prohibition?

The 18th Amendment didn't ban alcohol.

380 posted on 10/02/2002 3:17:57 PM PDT by Roscoe
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