The Wickard Commerce Clause IS the basis for federal drug laws overriding state drug laws like medical marijuana and Prop 19. Here are links to the Raich decision:
http://www.law.cornell.edu/supct/html/03-1454.ZO.html (Opinion of the court written by Justice Stevens)
http://www.law.cornell.edu/supct/html/03-1454.ZD1.html (Dissent by Justice Thomas)
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John S Mosby: I'm a Southron, so I have a very high respect for the 10th Amendment, and States Rights since they were so greatly ignored and abused from 1832 onward as to tariffs, trade, and private property.
I am not convinced that you have respect for the Tenth Amendment. You didn't even bother to investigate the constitutional basis for the drug war.
Read the Raich opinions to educate yourself, then tell us whether you still support fedgov, via the Commerce Clause, trampling on the Tenth Amendment in this matter.
Us? What is that, the royal “us”? I don’t have to justify my opinion to anyone. I don’t give a crap about the “constitutional” basis for the GD “drug war”. My objections are clinical and based on medical reality. The “drug war” exists because of the mob, pure and simple and a subculture that has been very damaging as only they could.
Personally I have zero patience for smart ass lawyers and their stonehead pals in the drug underworld trying to “normalize” a clearly non-benign agent, anymore than I would have patience for heroin,crystal meth,crack and a host of other prescription and non prescription meds that are the bane of legions of people, being legalized. I have seen up close how damaging these are, to the extent that I am quite comfortable with settled law and keeping these illegal.
I differentiate a simple wheat farmer growing FOOD for himself on his own land from asshat criminal clowns in a national forest in Mendocino county growing weed on our nickel, or from mexican drug cartels who are fueling another whole wing of this controversy even as they fund the Aztlan La Raza, open borders movement. The FDR statists abused a farmer who grew food- a beneficial crop. There is no equivalence in some other “crop”, unless you think everything is “normal”. It’s not.
That said, people can grow their own, just like they distill their own. The only people worried about legalization are people looking to make some big bucks, and I lump them right in with other criminal enterprises. And it is the pimps in the govt. unions in CA that are pushing for yet another revenue source that would be dubious in any revenue it could produce.
For that matter CA can go straight to hell and stew in their own liberal crap as they refuse to address financial reality, and instead seek funds from an illegal source to maintain their liberal government monopoly. I’m sure all this controversy and the Soros money (the jewish nazi) pays a good living to the academic bar and lawyer pimps for the “movement”. The world moved way beyond these passe’ people some time ago. I mean really, are we trying to copy Afghanistan and their one crop poppy economy- what a waste of time and human capital. A nation of stone heads, great.
Now, if you want to talk about States Rights as regards a LEGAL business... that’s a different matter, but I’m through batting about legalisms from one screwed up state. We fought for our rights for very real legal property which was taken by progressive self righteous oligarchs without regard to any part of the Bill of Rights or the 10th Amendment or the Commerce Clause. By force of arms. There are many on FR that understand what I mean. Deo Vindice.