Under our system there is nothing the Federals can do. The precedent was set with the nullification of Alcohol Prohibition by the States. That whole episode has left a residue of power in the States that may protect us against the worst the Federals can do until we elect a Federal legislature and president that will follow the will of the people.
My position on all this was stated back in August 2011 Guns And Weed ARE The Road To Freedom. And because of that we may be able to extract ourselves from ObamaCare, if we can get the Supreme Court to uphold Federalism by repealing the decision made in the Raich marijuana case.
The central problem for now is that Republicans hate drugs more than they hate the Federal Government. Maybe ObamaCare will change that. Maybe not.
Obamacare and State Nullification
State Nullification
State Nullification
Engineering is the art of making what you want from what you can get at a profit.
Re: State Nullification
Love it so far, haven't got through it yet. The trouble is the statement(s) made by some that they have a "right" to ingest whatever they want into their own bodies. The problem is the government through the Commerce Clause of the Constitution can simply justify outlawing pot (or any other drug) by just saying they are regulating the selling/buying/production/distribution/possession of the aforementioned controlled substance.MSimon wrote:Under our system there is nothing the Federals can do. The precedent was set with the nullification of Alcohol Prohibition by the States. That whole episode has left a residue of power in the States that may protect us against the worst the Federals can do until we elect a Federal legislature and president that will follow the will of the people.
My position on all this was stated back in August 2011 Guns And Weed ARE The Road To Freedom. And because of that we may be able to extract ourselves from ObamaCare, if we can get the Supreme Court to uphold Federalism by repealing the decision made in the Raich marijuana case.
The central problem for now is that Republicans hate drugs more than they hate the Federal Government. Maybe ObamaCare will change that. Maybe not.
Obamacare and State Nullification
http://en.wikipedia.org/wiki/The_commer ... uist_Court
In other words they can just side-step the issue of whether you have a right to ingest, by simply not making the ingesting a crime per see. If you are imbibing in your home for instance, then you must have at some point bought/sold/produced the material and you obviously must also be in possession of the substance, merely arrest you for that. Of course they try to do that with Gun Control as well, and that is a specifically enumerated right in the same Constitution.
Your/our best bet is from the link: The Court found in Seminole Tribe v. Florida, 517 U.S. 44 (1996) that, unlike the Fourteenth Amendment, the Commerce Clause does not give the federal government the power to abrogate the sovereign immunity of the states.
That is use the very powerful mechanism of states increasingly standing up to the Feds, legalizing it and/or refusing to enforce federal statutes. That's how alcohol Prohibition ended as you well know.
Re: State Nullification
williatw,
Good points. But I think Justice Thomas was correct on Raich. IMO the prior Wickard v. Filburn was wrongly decided. Thomas on Raich:
Good points. But I think Justice Thomas was correct on Raich. IMO the prior Wickard v. Filburn was wrongly decided. Thomas on Raich:
Either the Federales are limited to actual interstate commerce or we have an unlimited Federal government.Respondents’ local cultivation and consumption of marijuana is not “Commerce … among the several States.” U.S. Const., Art. I, §8, cl. 3. By holding that Congress may regulate activity that is neither interstate nor commerce under the Interstate Commerce Clause, the Court abandons any attempt to enforce the Constitution’s limits on federal power.
http://www.law.cornell.edu/supct/html/03-1454.ZD1.html
Engineering is the art of making what you want from what you can get at a profit.