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Thread: Calif. voters to decide whether to legalize pot

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    Re: Calif. voters to decide whether to legalize pot

    Quote Originally Posted by Goshin View Post
    Have I lost my mind, or is GOOBIEMAN arguing in favor of federal power over state power? IN favor of an expansive interpretation of the Commerce clause rather than against it?

    I must be smoking crack, that's the only explanation.
    I'm not at all sure why you are astounnded or confused. Maybe you arent familiar with federalism?

    Its not at all hard to see how the federal government can make something illegal while a state does not.

    For instance, while Ohio did not have an 'assault weapon' ban 1994-2004, there was still a federal ban, and so any such illegal activities that took place in Ohio during that period were still illegal under federal law.

    Of course, The Obama has decreed that His DoJ will not enforce the federal ban on MJ in states that do not have a similar ban, which has made some people rather happy. I wonder what those would have thought if GWB decided to not enforce the AWB in states that had no similar ban.

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    Re: Calif. voters to decide whether to legalize pot

    Quote Originally Posted by danarhea View Post
    ................ We don't get fooled again.

    -GW Bush

    There you go, it's Bush's fault.
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    Re: Calif. voters to decide whether to legalize pot

    Quote Originally Posted by Goobieman View Post
    I'm not at all sure why you are astounnded or confused. Maybe you arent familiar with federalism?

    Its not at all hard to see how the federal government can make something illegal while a state does not.

    For instance, while Ohio did not have an 'assault weapon' ban 1994-2004, there was still a federal ban, and so any such illegal activities that took place in Ohio during that period were still illegal under federal law.

    Of course, The Obama has decreed that His DoJ will not enforce the federal ban on MJ in states that do not have a similar ban, which has made some people rather happy. I wonder what those would have thought if GWB decided to not enforce the AWB in states that had no similar ban.


    Goobie... while bearing in mind that alcohol Prohibition required a Amendment to the Constitution (back in the days when we still concerned ourselves with Constitutionality), please point out to me in the Constitution where the Fedgov has the power to ban a substance that is only to be produced and sold within a state.

    "Commerce clause" just won't fly, not if the substance is legal only to produce and consume within the state in question, and is unlawful to export to another state.

    (BTW, I don't believe the Fedgov had any Constitutional authority to do the AWB either.)

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    Re: Calif. voters to decide whether to legalize pot

    Quote Originally Posted by Goshin View Post
    please point out to me in the Constitution where the Fedgov has the power to ban a substance that is only to be produced and sold within a state.

    "Commerce clause" just won't fly, not if the substance is legal only to produce and consume within the state in question, and is unlawful to export to another state.

    (BTW, I don't believe the Fedgov had any Constitutional authority to do the AWB either.)
    Unfortunately, the commerce clause does apply (Wickard v. Filburn):

    "But even if appellee's activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce and this irrespective of whether such effect is what might at some earlier time have been defined as 'direct' or 'indirect.' "

    I don't agree with it, but it's one example of how the commerce clause has been abused.

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    Re: Calif. voters to decide whether to legalize pot

    Quote Originally Posted by Binary_Digit View Post
    Unfortunately, the commerce clause does apply (Wickard v. Filburn):

    "But even if appellee's activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce and this irrespective of whether such effect is what might at some earlier time have been defined as 'direct' or 'indirect.' "

    I don't agree with it, but it's one example of how the commerce clause has been abused.
    That's ****ed up.

    Of course, one must ask if it applies to illegal commerce....smuggling.

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    Re: Calif. voters to decide whether to legalize pot

    Quote Originally Posted by Goshin View Post
    Goobie... while bearing in mind that alcohol Prohibition required a Amendment to the Constitution (back in the days when we still concerned ourselves with Constitutionality), please point out to me in the Constitution where the Fedgov has the power to ban a substance that is only to be produced and sold within a state.
    I have already done this.
    Intra-state commerce that affects interstate commerce. Its settled law.

    Dont blame me, blame FDR -- it was his court that established it.
    See: Wickard v. Filburn, 317 U.S. 111 (1942)

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    Re: Calif. voters to decide whether to legalize pot

    Quote Originally Posted by reefedjib View Post
    That's ****ed up.

    Of course, one must ask if it applies to illegal commerce....smuggling.
    The point is that it gives the power to make the commerce illegal in the first place.

    And yes, it is fu-ed up -- but, like I said, blame FDR.

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    Re: Calif. voters to decide whether to legalize pot

    Quote Originally Posted by Goobieman View Post
    I have already done this.
    Intra-state commerce that affects interstate commerce. Its settled law.

    Dont blame me, blame FDR -- it was his court that established it.
    See: Wickard v. Filburn, 317 U.S. 111 (1942)

    So, do you support this misapplication of the commerce clause?

    Some things are "Settled law" that I still disagree with.

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    Re: Calif. voters to decide whether to legalize pot

    Quote Originally Posted by Goobieman View Post
    Of course, The Obama has decreed that His DoJ will not enforce the federal ban on MJ in states that do not have a similar ban, which has made some people rather happy. I wonder what those would have thought if GWB decided to not enforce the AWB in states that had no similar ban.
    If Bush hadn't enforced the assault weapons ban I would actually be happy with him for once. Real liberals (like myself) believe issues like these are left to the states to decide. I'll even go as far as saying I would like to see such laws against Marijuana and weapons removed from the books.
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    Re: Calif. voters to decide whether to legalize pot

    Quote Originally Posted by Phantom View Post
    If Bush hadn't enforced the assault weapons ban I would actually be happy with him for once. Real liberals (like myself) believe issues like these are left to the states to decide. I'll even go as far as saying I would like to see such laws against Marijuana and weapons removed from the books.
    This is wrong because the 2nd Amendment is in the Constitution, its apart of the bill of rights. The 10th Amendment does not come into play here.
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