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Started By
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Where in the enumerated powers are federal drug laws?
Posted on 6/25/22 at 6:31 am
Posted on 6/25/22 at 6:31 am
Should this also not be 100% a states issues.
4
Posted on 6/25/22 at 6:32 am to Strannix
Interstate commerce
Posted on 6/25/22 at 6:36 am to baybeefeetz
quote:
Interstate commerce
Been used to justify a lot of Federal overreach…
Posted on 6/25/22 at 6:38 am to baybeefeetz
quote:
Interstate commerce
Can be construed to justify anything
Posted on 6/25/22 at 6:39 am to Strannix
Weird isn't it?
We must have a Constitutional right to drink booze, otherwise we wouldn't have needed the 18th amendment to ban it.
The same should be true of drugs.
The prohibition people could have saved themselves a lot of trouble and time if they had thought of Commerce Clause magic.
Posted on 6/25/22 at 7:20 am to baybeefeetz
quote:
Interstate commerce
I don’t know why you are getting downvoted; that is literally the correct answer to the question that was asked.
And it’s true that the Commerce Clause has been abused, but it’s not apparent that this is a good example of that abuse. I’m not saying it’s valid, just that reasonable people could disagree on this manifestation.
Posted on 6/25/22 at 7:25 am to Penrod
quote:
but it’s not apparent that this is a good example of that abuse.
wut
It's a great example of the abuse from multiple angles.
First, historical, as has been referenced in this thread. A few years prior to Wickard, the federal government did not believe it had the power to regulate these goods/substances, so they sought an amendment to our constitution to be granted that authority. 18A was ratified in 1919 and Wickard was decided in 1942. That's almost no temporal difference.
Second, this power has completely destroyed our country from the inside and has been the largest attack on our actual rights since slavery. Federal drug laws are the premier example of federal overreach and the destruction of our liberty in the modern era.
Posted on 6/25/22 at 7:34 am to SlowFlowPro
That wholesale attitude shift in 20 years amazes me.
Posted on 6/25/22 at 7:36 am to TrueTiger
I am just happy people are starting to see the light, about the WOD and LEO.
The problem is making this an actual, permanent ideal, and not just a tool for their "side".
The problem is making this an actual, permanent ideal, and not just a tool for their "side".
Posted on 6/25/22 at 7:39 am to Strannix
quote:In the Chambers of Congress.
Where in the enumerated powers are federal drug laws?
Posted on 6/25/22 at 10:41 am to NC_Tigah
quote:
In the Chambers of Congress.
Deep inside their imaginations.
Posted on 6/25/22 at 10:54 am to TrueTiger
Roe v. Wade overturned.
But can always count on “MUH WEED” guy to show up.
LOL
But can always count on “MUH WEED” guy to show up.
LOL
Posted on 6/25/22 at 10:57 am to navy
except I don't use weed
but I am a 'muh Freedom' guy
Posted on 6/25/22 at 11:02 am to navy
quote:
Roe v. Wade overturned. But can always count on “MUH WEED” guy to show up. LOL
Because the legal justification for Roe and for drug laws are related…
Posted on 6/25/22 at 3:37 pm to Penrod
Exactly. A lot of people here are ignorant, but we know this.
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
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
Posted on 6/25/22 at 4:32 pm to Taxing Authority
quote:
Not really. Congress has passed numerous laws thst were struck down as unconstitutional.
Sure, but what rights are being violated? Those of the drug trafficker?
Posted on 6/25/22 at 4:33 pm to Strannix
The 10th...
It's right there.
It's right there.
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