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Thread: Judge: It's 'high time' to legalize pot

  1. #21
    Banned Goobieman's Avatar
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    Re: Judge: It's 'high time' to legalize pot

    Quote Originally Posted by new coup for you View Post
    Well what part of the constitution would authorize such an agency?
    Just so we're clear -- you're now arguing that the acts that created the agencies themselves are unconstitutional, rather than the agency/Congress interaction you mentioned, as Congress has no such poiwer to create such agencies.

    The FDA and ATF were created under the Interstate Commerce Clause as agencies that regulate certain commercial activities.

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    Re: Judge: It's 'high time' to legalize pot

    Quote Originally Posted by Goobieman View Post
    Just so we're clear -- you're now arguing that the acts that created the agencies themselves are unconstitutional, rather than the agency/Congress interaction you mentioned, as Congress has no such poiwer to create such agencies.

    The FDA and ATF were created under the Interstate Commerce Clause as agencies that regulate certain commercial activities.
    I think they're both dubious applications of the constitution. The concept of a regulatory agency is that it applies the regulation towards a agreed upon legal end- as in Congress would draft drug policy and then the FDA and DEA would apply that policy on the ground and in technical areas. As it is, Congress has absolutely no authority at all. The FDA and DEA are not regulatory agencies, they're policy creating agencies.
    And why does your tone suggest that you do not care about children?

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    Re: Judge: It's 'high time' to legalize pot

    Quote Originally Posted by new coup for you View Post
    I think they're both dubious applications of the constitution. The concept of a regulatory agency is that it applies the regulation towards a agreed upon legal end- as in Congress would draft drug policy and then the FDA and DEA would apply that policy on the ground and in technical areas. As it is, Congress has absolutely no authority at all. The FDA and DEA are not regulatory agencies, they're policy creating agencies.
    Still not following you.
    How does Congress have no authority here?
    How does Congress giving the executive branch the power to create policy regarding acts of Congress violate the Constitution?

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    Re: Judge: It's 'high time' to legalize pot

    Because Congress has basically given away their powers to an unregulated, unelected entity.
    And why does your tone suggest that you do not care about children?

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    Re: Judge: It's 'high time' to legalize pot

    Quote Originally Posted by new coup for you View Post
    Because Congress has basically given away their powers to an unregulated, unelected entity.
    How is it unconstitutional for Congress to delegate to the executive branch some degree of power to determine how it will exectue the laws passed by Congress?

    Would you also apply this argument to the EPA, which was given the power to determie what level of polutant is 'harmful'?

    Remember that they are executing the laws passed by congress, not creating their own laws.

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    Re: Judge: It's 'high time' to legalize pot

    Quote Originally Posted by Ikari View Post
    Yeah, if you don't do something, we'll repeat the mess we have with tobacco. Where it's being sued, but the government can't let it die because it gets too much money via taxation from it. So everything has to be upfront. These are the dangers, people should be discouraged from it, they should be made full aware that it's a personal choice and they are responsible for the consequences of it.
    Tobacco manufacturer's shouldn't be getting sued. No one in their right mind smokes, and no one ever has. Everyone who's smoked got a very important message from a couple of very dear friends the first time they lit up an inhaled a drag deep into their lungs. Those two friends spoke up and said "(cough) Yo! You crazy man? (cough) What you trying to do to us? (cough)".

    I listened to my lungs and never smoked again.

    No one who smokes has should be allowed to sue on the grounds that they didn't know it was harmful. That's just a lie.

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    Re: Judge: It's 'high time' to legalize pot

    Quote Originally Posted by new coup for you View Post
    Well what part of the constitution would authorize such an agency?
    The Constitution does not permit federal control of substances.

    Period.

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    Re: Judge: It's 'high time' to legalize pot

    Quote Originally Posted by Scarecrow Akhbar View Post
    The Constitution does not permit federal control of substances.
    The Interstate Commerce clause has considerable breadth and depth.

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    Re: Judge: It's 'high time' to legalize pot

    Quote Originally Posted by Scarecrow Akhbar View Post
    No one who smokes has should be allowed to sue on the grounds that they didn't know it was harmful. That's just a lie.
    And that's just completely untrue.

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    Re: Judge: It's 'high time' to legalize pot

    Quote Originally Posted by Goobieman View Post
    The Interstate Commerce clause has considerable breadth and depth.
    1. The interstate commerce clause should not apply to intrastate commerce, which occurs solely within the geographic borders of a single state. The authority to regulate intrastate commerce should belong to the States, not the Fed.

    2. The interstate commerce clause should not apply to substances grown or manufactured for personal use where no commerce has even taken place, much less across state lines.

    3. The interstate commerce clause is being abused when it's used to altogether prohibit commerce, rather than regulating it, by implementing rules and regulations that are intentionally impossible to follow. (See: Marijuana Tax Act of 1937). This circumvents the 10th Amendment and gives authority to the Fed that it was never intended to have.
    Last edited by Binary_Digit; 04-27-09 at 05:56 PM.

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