Federal drug laws--Constitutional?

Discussion in 'Politics' started by fromtheright, Sep 28, 2005.

  1. fromtheright

    fromtheright
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    Wow. I'm in the middle of reading an interesting article in The Weekly Standard by William Watkins I think (who has a book out on the Kentucky and Virginia Resolutions that I'm looking forward to reading) arguing that the Supreme Court was wrong in its striking down a 9th Circuit decision which said that the Federal Controlled Substances Act was unconstitutional in superseding the California law allowing marijuana for medicinal use. I am against illegal drugs. Period. I think that adults who sell them should be executed. Children who sell them should be kept in jail until they reach adulthood and then executed (just kidding, I'm not that extreme). But--should the Federal government have any control? Watkins does an excellent job demonstrating that the interstate commerce clause does not apply, at least in the situation of the case, which involved growing marijuana inside the state of California.

    I definitely need to read the full opinion of the Court and concurring/dissenting opinions. I am especially curious of Scalia's and Thomas's position and arguments.

    Any thoughts? I am especially curious if anyone can present an argument to "keep me in the fold" of supporting such federal laws.
     
  2. TexasSky

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    I'm very much against the use of drugs, and I'm definately not a lawyer, but from what I read, the Justices ruled that there was precedence supporting the view that federal law applied over state law in economic areas.

    Stevens wrote for the majority (if I read it right) that congress clearly had the right to enact laws in regards to any ecnomic issue because all economics have an interstate affect on commerce. O'Connor, Rehnquist and Thomas dissented.

    I'm not surprised. We've had federal laws overshadow state laws for decades. Federal speed limits, the family leave act, issues like gay marriage. Still, this reduces the power of the State Governments even more.
     
  3. Daisy

    Daisy
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    Is this an economic issue? I was under the impression that possession was also prohibited under the Fed Law.
     
  4. fromtheright

    fromtheright
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    Thanks, TS. I pulled it up in Acrobat but it prints slowly here, will print it and read it after I get home this evening or tomorrow. I see that Scalia concurred in part. Looking forward too to reading the dissents by O'Connor (joined by Rehnquist and Thomas) and Thomas's separate dissent. That "all economics have an interstate effect on commerce" argument sounds like horse pooey to me. From the syllabus it looks like the court heavily relied on Wickard v. Filburn which justified Roosevelt's agricultural socialism.

    Daisy, I think you're right, and you raise a very good point. How in the world would possession constitute anything to do with interstate commerce? This is really shaking my policy views up, but I also believe strongly in following the Constitution. There are some areas where I'm willing to follow a more expansive view of the Constitution but this doesn't even seem to come close.
     
  5. billwald

    billwald
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    Most police officers support the legalization of The naturally grown stuff. Let the dopers kill themselves as long as they leave the rest of us alone.

    Bring up your kids correctly and don't worry about them. Trust God.
     
  6. Daisy

    Daisy
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    How many people died of marijuana overdoses in the last ten years? Any? It may be a tremendous de-motivator, but it's not particularly toxic.
     
  7. Bro. Curtis

    Bro. Curtis
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    You would have to smoke high-grade marijuana constantly for over a month straight to get enough THC to stop your heart. Most folks I know would fall asleep long before that was accomplished.

    Marijuana abuse is very dangerous, especially to school age folks, it taps their motivation & ambition, & leads to depression. But it is impossible to overdose.
     
  8. billwald

    billwald
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    The govt will never let you grow something in your living room which will put the ciggybutt companies out of business.

    I suspect the push against meth is because it is cutting into heroin profits. The people who own us will start to push commercially produced meth.
     

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