Posted on 01/15/2007 2:07:51 PM PST by ellery
"My question is, what in the Constitution gives the Feds authority to prohibit farming of this crop, provided the state has approved it?"
It's the "whatever congress wants to" clause of the constitution.
If congress wants to do it and they can get enough support for it, they have the legal authority to do anything, or so some would have you believe.
It's funny that a farmer has to jump through all these hoops to grow the same crop Washington and Jefferson grew.
This nation has gone bat-sh&$ insane with laws.
Fingerprints for growing hemp. God I hate the government.
ROTFL. The government can do anything they damn well please. The Constitution is just for looks, until the citizens decide otherwise.
The problem is that most citizens can't be bothered, and others like to use it to restrict people they don't like.
Article VI, Section 2 (Supremacy Clause) which says that federal law trumps state law.
The same clause that gives the Feds authority to prohibit medical marijuana when the state has approved it. Nothing new, ellery.
I have a 37-year old Amazon parrot that would sell her soul for hemp seed.
Back when it was available in a seed mix, she would start sorting through the seed I put in her bowl, eating all the hemp seed first.
Her favorite food of all time is still raw beef (go figure) and she can detect the scent of beef brought home from the store and still sealed in packages in the fridge...and starts asking for it in plain English.
Guess the founders forgot that they were writing on hemp when they outlawed in in that invisible amendment of yours.
Next you'll be telling us the purpose of the Constitution is to limit citizens' rights and enumerate powers for the state.
It's legal to import industrial hemp (provided it's not for consumption). What's this great urge to grow it domestically?
And they rode in carriages. Times change.
Same reason farmers cultivate any crop domestically, I'd guess.
ping
Unlike for "any crop", this guy is jumping through hoops to do so. I would think it would be easier and cheaper to import the raw hemp from 20 miles away. Or the finished hemp product.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
But the interpretation of the Constitution isn't supposed to.
Yep.
"If the founders intended to allow federal powers to trump state powers in any and all ways, the 10th Amendment would make no sense."
Well, there are federal powers ... and all the rest are state powers. So says the 10th.
The powers don't conflict. In this case, the federal law written under the power to regulate commerce conflicts with the state law written under the police power of the state.
"I write separately only to express my view that the very notion of a ‘substantial effects’ test under the Commerce Clause is inconsistent with the original understanding of Congress’ powers and with this Court’s early Commerce Clause cases. By continuing to apply this rootless and malleable standard, however circumscribed, the Court has encouraged the Federal Government to persist in its view that the Commerce Clause has virtually no limits. Until this Court replaces its existing Commerce Clause jurisprudence with a standard more consistent with the original understanding, we will continue to see Congress appropriating state police powers under the guise of regulating commerce."
-Clarence Thomas
We desperately need more ratty clothes and bio rope.
The fact that Congress, with the consent of the people, chooses to regulate something today that wasn't regulated 200 years ago has nothing whatsoever to do with "interpreting" the Constitution.
Because you disagree with what's being regulated doesn't mean it's unconstitutional.
Wihout hemp crops we will surely fail in the global market.
It might be worth it just to be able to document just exactly what kind of totally effedup bureaucratic abominiation they've created with out tax dollars, for our own good.
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