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Started by The Holy namelesskitty, June 25, 2010, 06:46:06 AM
Quote from: Duckling on April 17, 2011, 06:15:30 PMThen can you explain how the Controlled Substances Act remains Constitutional?
Quote from: Duckling on April 19, 2011, 08:42:43 PMYes. It violates the states' rights to put their own laws upon trade within the state. States have rights -- all those not specifically granted to the federal government, as per the Tenth Amendment.
Quote from: Duckling on April 20, 2011, 06:36:26 PMNo. The Supreme Court ruled against Filburn because his activities affected interstate trade, because wheat was traded nationally. Marijuana does not have such a national trade; it grows most anywhere, and cultivation and distribution is nearly completely local. The United States can outlaw interstate trade of anything, but if the interstate trade is cut off, the product is no longer traded nationally, and no further Commerce Clause restrictions apply.
Quote from: Duckling on April 20, 2011, 06:36:26 PMHealth insurance applies because the market is national; people travel between states to recieve it, and health insurers operate in multiple states. But if there is no interstate trade, the intrastate trade cannot be regulated as per the Tenth Amendment.
Quote from: Deagonx on April 20, 2011, 10:46:30 PMMarijuana is a large part of current administration of countries.
Quote from: im2smart4u on April 20, 2011, 11:58:11 PMQuote from: Deagonx on April 20, 2011, 10:46:30 PMMarijuana is a large part of current administration of countries.For example, you had to be high to vote for the new health care bill.