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View Diary: Former Head of DEA, DHS defends inability to tell toilet paper from shower curtains. (105 comments)

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  •  Would an anti free speech treaty be valid? (4+ / 0-)

    How about one banning due process or the right to privacy? Can a treaty repeal our constitution?

    The drug war is largely unconstitutional. The federal government does not have the power to regulate local commerce. The feds certainly don't have the power to regulate personal non-commercial behavior such as growing pot in your backyard for personal use. If the feds had this power under the constitution, why did they need to pass the 18th amendment to ban alcohol?

    Unfortunately the liberal wing of the Supreme Court (along with Kennedy and Scalia) sided with the Bush administration on this issue in Gonzalez v Raich. O'Connor, Rehnquist, and Thomas all dissented saying California should be able to make it's own laws with regard to pot. If just two of the liberals sided with them, states would be allowed to do what they wanted on MJ laws. Sadly Ginsburg, Breyer, Stevens, and Souter all sided with the Bush administration and Scalia. They think the interstate commerce clause gives the feds unlimited power over states.

    "Poor man wanna be rich, Rich man wanna be King, and the King ain't satisfied till he rules everything." Bruce Springsteen.

    by Johnnythebandit on Wed Mar 06, 2013 at 09:05:12 AM PST

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    •  Yes, the logic in that case was sickening (3+ / 0-)

      If we're thinking of the same one, where CA people were growing in their backyard.  And I think it was Scalia who said that by growing pot themselves, they removed themselves from the black market.  Therefore, they affected the local black market, which affects the interstate black market, and lo and behold, the Feds get to control everything.

    •  Umm... Generations of precedent disagree. (0+ / 0-)
      The drug war is largely unconstitutional.
      I assure you, all of these issues have been brought before the Court, and the Court has found the Drug War constitutional again and again and again.
    •  ^^^(110+ / 0-)^^^ (1+ / 0-)
      Recommended by:
      Kevskos

      "Double, double, toile and trouble; Fire burne, and Cauldron bubble... By the pricking of my Thumbes, Something wicked this way comes": Republicans!!. . Willkommen im Vierten Reich! Sie haben keine Bedeutung mehr.

      by Bluefin on Wed Mar 06, 2013 at 11:41:11 AM PST

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