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re: Where in the enumerated powers are federal drug laws?
Posted on 6/25/22 at 4:03 pm to Dawgfanman
Posted on 6/25/22 at 4:03 pm to Dawgfanman
quote:
Because the legal justification for Roe and for drug laws are related…
Wouldn’t the fact that federal drug laws were instituted by the will of the people via the legislature and the president, while RvW was fabricated out of whole cloth by the SCOTUS be a pretty significant difference?
This post was edited on 6/25/22 at 4:04 pm
2
Posted on 6/25/22 at 4:08 pm to troyt37
quote:Not really. Congress has passed numerous laws thst were struck down as unconstitutional.
Wouldn’t the fact that federal drug laws were instituted by the will of the people via the legislature and the president, while RvW was fabricated out of whole cloth by the SCOTUS be a pretty significant difference?
Ultimately the problem is the Contituiom was created as a “if it doesn’t say the government can, it can’t”. But has morphed i or “If it doesn’t say government can’t, it can.”.
This post was edited on 6/25/22 at 4:11 pm
Posted on 6/25/22 at 4:19 pm to troyt37
I’ll concur with this to some degree. There is a certain fiscal reality with federalism. The Food Drug and Cosmetic Act was driven because people were dying from patent medicines. The federal treasury gives them the ability to police the bad actors. StTe treasuries don’t do this.
Now if we move to reduce federal tax assessments and/or move to more block rather than categorical grants, then you can efficiently police at a state level. Until then, there is some necessity on geceral enforcements
Now if we move to reduce federal tax assessments and/or move to more block rather than categorical grants, then you can efficiently police at a state level. Until then, there is some necessity on geceral enforcements
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