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To: Roscoe
the USSC doesn't apply the Lopez standard to the CSA.

Of course not. Illicit drug use doesn't equal the right to keep and bear arms.

What difference does that make? Guns, drugs, spotted owls, freon - it's all "commerce".

116 posted on 10/01/2002 10:10:12 AM PDT by tacticalogic
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To: tacticalogic
What difference does that make?

The courts don't share your myopia. As the 2nd Circuit noted:

The Supreme Court in Lopez further explained that it struck down the Gun-Free School Zones Act because:

Section 922(q) is a criminal statute that by its terms has nothing to do with "commerce" or any sort of economic enterprise, however broadly one might define those terms. Section 922(q) is not an essential part of a larger regulation of economic activity, in which the regulatory scheme could be undercut unless the intrastate activity were regulated. It cannot, therefore, be sustained under our cases upholding regulations of activities that arise out of or are connected with a commercial transaction, which viewed in the aggregate, substantially affects interstate commerce.

Lopez, 115 S. Ct. at 1630-31 (footnote omitted). The difference between this and the manufacture and distribution of controlled substances is striking. These activities are commercial by their very nature. Indeed, in upholding a different section of the Controlled Substances Act (21 U.S.C. § 846), we recently noted that, in contrast to the statute invalidated in Lopez, "[t]he Controlled Substances Act concerns an obviously economic activity." Genao, 79 F.3d at 1337.

It is therefore not surprising that every court that has considered the question, both before and after the Supreme Court's decision in Lopez, has concluded that section 841(a)(1) represents a valid exercise of the commerce power. See, e.g., United States v. Edwards, ___ F.3d ___, ___, 1996 WL 621913, at *5 (D.C. Cir. Oct. 29, 1996); United States v. Kim, 94 F.3d 1247, 1249-50 (9th Cir. 1996); United States v. Bell, 90 F.3d 318, 321 (8th Cir. 1996); United States v. Lerebours, 87 F.3d 582, 584-85 (1st Cir. 1996); United States v. Wacker, 72 F.3d 1453, 1475 (10th Cir. 1995), cert. denied, 117 S. Ct. 136 (1996); United States v. Leshuk, 65 F.3d 1105, 1111-12 (4th Cir. 1995); United States v. Scales, 464 F.2d 371, 375 (6th Cir. 1972); Lopez, 459 F.2d at 953.


121 posted on 10/01/2002 10:14:21 AM PDT by Roscoe
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