Constitutionality?
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Not from where I'm sitting
They've claimed the authority based on a convoluted interpretation of the commerce clause
The constitution and specifically the enumerated powers clause, (Article 1 Section 8) says the Fed's only have the powers constitutionally specified and that anything not specifically mentioned is the domain of the state - not the Feds. Because of this constitutional restriction, they've found a twisted way to rationalize the commerce clause to claim their power (based on the fact MJ is transported)
I ask the following
If I grow a plant from a seed I own, in my own home, in California, and I and my friends are the only ones that consume the fruits of the plant, again in my own home, and there is no financial transaction involved...
What does this have to do with commerce?
They've claimed the authority based on a convoluted interpretation of the commerce clause
The constitution and specifically the enumerated powers clause, (Article 1 Section 8) says the Fed's only have the powers constitutionally specified and that anything not specifically mentioned is the domain of the state - not the Feds. Because of this constitutional restriction, they've found a twisted way to rationalize the commerce clause to claim their power (based on the fact MJ is transported)
I ask the following
If I grow a plant from a seed I own, in my own home, in California, and I and my friends are the only ones that consume the fruits of the plant, again in my own home, and there is no financial transaction involved...
What does this have to do with commerce?
All you have to do is read the 10th Amendment odf the Bill Of Rights
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The problem of course comes from congress butchering the constitution to try and gain more power than they really have. Everything we needed to run this country was in the original constitution and the bill of rights. Every law since then has just corrupted what our forefathers wanted.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The problem of course comes from congress butchering the constitution to try and gain more power than they really have. Everything we needed to run this country was in the original constitution and the bill of rights. Every law since then has just corrupted what our forefathers wanted.
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- #4
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- #6
Anybody got medicine to get did of a CODE ?
The code only exixts on paper.
it cannot apply itself to you... You can only be tricked into applying it to yourself.
wallfisher
New Member
Well, what about a citizens right to use the available knowledge and information to make a fair and reasonable decision? What ever happened to the right to be satisfied with the products and services you pay for?
After all my taxes pay the salaries of elected officials, who under the control substance act will recognize alcohol as the only recreational product legally available to the people, they do have a constitutionally required moral obligation to the people. So morally they are responsible for the estimated 100,000 alcohol related deaths a year for the past 10+ years, the 1,000's of citizens who have been mentally and/or physically abused by someone under the influence of alcohol, and let's not forget how many families alcohol has destroyed, or the millions of dollars worth of property damage.
After all my taxes pay the salaries of elected officials, who under the control substance act will recognize alcohol as the only recreational product legally available to the people, they do have a constitutionally required moral obligation to the people. So morally they are responsible for the estimated 100,000 alcohol related deaths a year for the past 10+ years, the 1,000's of citizens who have been mentally and/or physically abused by someone under the influence of alcohol, and let's not forget how many families alcohol has destroyed, or the millions of dollars worth of property damage.
awfulnasty
New Member
Ucc 1-308
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- #9
The Constitution has been so repeatedly trampled by all three branches of our federal government that the founders would scarcely recognize what we have become. A semi-socialist nanny state. I refused to let the police search my vehicle so they arrested me for something else and did an "inventory", not a search, of the contents of said vehicle. Clearly a violation of the fourth ammendment, yet I could find no attorney willing to argue that point. Several lawyers told me it wasn't worth it because the judge would not suppress the evidence obtained in an "inventory" betting that I would be unable to finance an appeal while incarcerated. Granted, this is at the county/state level, but all levels of government blatantly disregard the protections afforded us by the constitution. We have allowed this to go on for so long that it is unlikely to change until we (I guess I mean YOU since I am now an unable to vote felon) vote them all out of office and start over with term limits and citizen legislators, not career politicians, as was originally intended by the founding fathers. Regardless of any party affiliation, they have all become corrupt and out of touch with "We the people".
The UCC is only for interstate commerce, it has no regulatory authority for intrastate commerce. Look at what Montana just did. They passed a law that you can own any kind of gun you want as long as it was manufactured and owned in Montana. You can now own a silencer,full auto machine guns,50 cal sniper rifles. And the feds are leaving them alone. The feds know where there legal authority ends, they just like to abuse it whenever they can.
Lard Bernard
New Member
wow i bet you are loads of fun to hang out with.
corporations are bad, society is naive, and america is evil. i hear the same garbage every music festival i have ever attended.
awfulnasty
New Member
It is your responsibility as a american to at least understand the basics of the constitution, I don't hang out a music festivals and I don't hate america. I do dislike the government that has taken control of our country, and I do dislike the way most people rollover and take the crap the administration spits out as law because its not. It is each of ours responsibility to hold those it power to task for what they do. That doesn't mean that you need to be out there everyday protesting it means you need to ask questions of our government officials and expect answers.
Corporations aren't bad there ability to lobby directly to the higher ups needs to be curtailed and there needs to be more transparency in what goes on on the hill, these private meeting need to be shut down. Term limits!!!!!!
I look for little victories, I am not trying to change the world I am trying to get our government to enforce the constitution as it was written.
Lard Bernard
New Member
actually we may have more in common than i first thought. i agree that our government has too much power. i agree that term limits for congress should be enacted. career politicians just make decisions to keep themselves in power and forget what the real world is like. the longer they stay in power the bigger narcissists they become. i am a constitutionalist too and i appreciate what you are saying.
awfulnasty
New Member
pure vida
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- #16
The case in Montana is a GREAT example to the rest of the states in the UNION to assert the 10th amendment on ANY and ALL issues that fall beyond the scope of the powers of congress.
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