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The War for the Constitution ... (2008 -what's at stake)
WSJ ^ | Tuesday, October 23, 2007 | GARY L. MCDOWELL

Posted on 10/23/2007 4:09:07 AM PDT by IrishMike

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To: drpix

Your no lawyer, but you’re trying to tell me Clarence Thomas is wrong? That’s rich.


41 posted on 10/23/2007 8:13:43 AM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: Jack Hammer

The U.S. still has a constitution?
......................................
Just hanging in there !


42 posted on 10/23/2007 8:13:51 AM PDT by IrishMike (Those who cannot remember the past are condemned to repeat it)
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To: tacticalogic

When did I say Thomas was wrong? I cited Thomas decision in the case I cited as a slap doown of Paul. Read my $%^&ing post before coming back with your &**%ing lawyerly distortion.


43 posted on 10/23/2007 8:19:17 AM PDT by drpix
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To: drpix

You say if he accepts any aspect of it, he has to accept the whole thing, and he obviously doesn’t. Don’t try to weasel your way out of it.


44 posted on 10/23/2007 8:27:57 AM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: tacticalogic
"... the law required Congress, rather than the federal courts, to define federal crimes. The Controlled Substances Act did not recognize a medical necessity exception. Thus "a medical necessity exception for marijuana is at odds with the terms of the Controlled Substances Act."

Thomas for the Majority, United States v. Oakland Cannabis Buyers' Cooperative

Thomas (unlike Ron Paul) concedes Constitutionality of federal regulation of drugs

Clear enough?

45 posted on 10/23/2007 8:35:16 AM PDT by drpix
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To: drpix

If it isn’t “cherry picked” why is it that’s all you have, and why does it contradict his other opinions? It’s clear, all right. Downright transparent, in fact.


46 posted on 10/23/2007 8:42:59 AM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: tacticalogic
If Thomas accepts one federal drug law it does not prove that he accept all, BUT does prove that he accept (unlike some) the fact that all federal drug laws are NOT unconstitutional.

But, if you insist on closing one eye and hopping on one leg, no one can stop you from spinning around in circles... so I won't try. Bye!!

47 posted on 10/23/2007 8:49:17 AM PDT by drpix
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To: HuntsvilleTxVeteran

thanks for the post, great information.


48 posted on 10/23/2007 8:51:01 AM PDT by IrishMike (Those who cannot remember the past are condemned to repeat it)
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To: drpix

That’s good. Head for the door.


49 posted on 10/23/2007 8:59:09 AM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: VRWCmember
Legislative restraints upon the direction of our culture and morality DOES NOT EQUAL government censorship of our media.

It most certainly does, and attempts to deny this fact make Clinton's supposed befuddlement at the definition of the word "is" look like a model of candor and logic.

50 posted on 10/23/2007 9:05:36 AM PDT by steve-b (It's hard to be religious when certain people don't get struck by lightning.)
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To: IrishMike

Thank You.

I can not remember who has the “get out of the UN” ping list!


51 posted on 10/23/2007 9:06:15 AM PDT by HuntsvilleTxVeteran (Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto)
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To: drpix
When it comes to the constitutionality of federal drug regulations, if you rule in favor on one you accept the entire premise that they are constitutional.

Nonsense. If the arguments made by one side are not legally compelling (i.e. the factual question of medical use), Thomas did not consider it his place to insert a different argument that is legally compelling (i.e. the fact that the law rests upon an invalid perversion of the Interstate Commerce Clause, and thus Congress had no authority to enact it in the first place).

52 posted on 10/23/2007 9:11:00 AM PDT by steve-b (It's hard to be religious when certain people don't get struck by lightning.)
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To: drpix
When it comes to the constitutionality of federal drug regulations, if you rule in favor on one you accept the entire premise that they are can be constitutional.

Your "correction" is irrelevant. Thomas recognized that 1)Congress had no authority to enact the law in question, but also that 2)this argument not being before the Court, it was not his place to insert it.

Thus, he had no proper grounds on which to strike down the law, despite the fact that he recognzed its failure to comply with the Constitituional limiations on Congress' powers.

53 posted on 10/23/2007 9:13:26 AM PDT by steve-b (It's hard to be religious when certain people don't get struck by lightning.)
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To: HuntsvilleTxVeteran
I was actually dumb founded when I read your post #9.
Then I remembered the many statements of John Kerry running against W - where he wanted the UN / International community involved in American policy.
The constitution is considered by liberal activists as a ‘reference’ document, or a living document, to be changed with the times... as they see fit.
That and a few SCOTUS judges wishing to use International law as a reference to make decisions in the United States, and we also currently have this UN grab at over seeing international waters / shipping commerce.
54 posted on 10/23/2007 9:43:08 AM PDT by IrishMike (Those who cannot remember the past are condemned to repeat it)
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To: IrishMike

In celebration of the United Nations sixtieth anniversary, the United Nations Department of Public Information organized a commemoration of the signing of the United Nations Charter, which took place in San Francisco on 26 June 1945.

The event started at 9:30 a.m. in the General Assembly Hall on Monday 27 June 2005.

The President of the General Assembly and the Secretary General spoke. Three United Nations tour guides read the Preamble of the Charter and the United Nations Singers performed.


55 posted on 10/23/2007 9:54:12 AM PDT by HuntsvilleTxVeteran (Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto)
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To: steve-b
In the comment you are responding to, I was obvious referring to the favorable Thomas ruling I cited as my prove that Thomas did not consider all federal drug laws unconstitutional.

The federal drug case I was referring to, where Thomas ruled in favor of the govt, was NOT Gonzales v. Raich. It was United States v. Oakland Cannabis Buyers' Cooperative (OCBS). See my post 26 & 45. The Thomas comment on the Commerce Clause, cited by you, was in Raich not OCBS.

In fact, in the OCBS case, writing for the majority, Thomas clearly saw the The Controlled Substance Act to be before the court, since he refers to it in making his ruling in favor of the federal government. So I guess your response is "irrelevant."

But again, for the record, here's the point:

- Thomas rejecting the constitutionality of a federal drug law in one case (Raich) does NOT prove that he thinks ALL federal drug laws are unconstitutional.
- But, Thomas accepting the constitutionality of a federal drug law in one case (OCBS) does prove that he does NOT think all federal drug laws are unconstitutional.

56 posted on 10/23/2007 10:52:58 AM PDT by drpix
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To: drpix; steve-b

The Constitution doesn’t authorize the 9th Circuit Court to say that marijuana has legitimate medical uses, so therefore federal drug laws are constitutional. That’s just freaking brilliant.


57 posted on 10/23/2007 11:20:49 AM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: tacticalogic
Thomas in UNITED STATES v. OAKLAND CANNABIS BUYERS’ COOPERATIVE:

"Because the Controlled Substances Act covers even those who have what could be termed a medical necessity, it precludes consideration of the evidence that the Ninth Circuit deemed relevant."

What world are you in? The ruling never said the " Constitution doesn’t authorize the 9th Circuit", it said "the Controlled Substances Act... precludes...".

But maybe it's my fault for attempting to reason with the Legalize Drug crowd.

58 posted on 10/23/2007 12:20:44 PM PDT by drpix
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To: tacticalogic; steve-b
Thomas in UNITED STATES v. OAKLAND CANNABIS BUYERS’ COOPERATIVE:

"Because the Controlled Substances Act covers even those who have what could be termed a medical necessity, it precludes consideration of the evidence that the Ninth Circuit deemed relevant."

What world are you in? The ruling never said the " Constitution doesn’t authorize the 9th Circuit", it said "the Controlled Substances Act... precludes...".

But maybe it's my fault for attempting to reason with the Legalize Drugs crowd.

59 posted on 10/23/2007 12:23:01 PM PDT by drpix
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To: drpix

The decision was that the Ninth Circuit Court has no authority to determine whether it does or doesn’t have any medical value, was it not?


60 posted on 10/23/2007 4:21:09 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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