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To: robertpaulsen
A real law and order type you are.

Sure am. Strict constitutionalist.

You should read it sometime, particularly the tenth amendment.

9 posted on 01/31/2003 9:56:07 AM PST by dead
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To: dead
Strict constitutionalist.

The Supremacy Clause of Article VI of the United States Constitution mandates that federal law supersede state law where there is an outright conflict between such laws. See Gibbons v. Ogden, 22 (9 Wheat) U.S. 1, 210, 6 L.Ed. 23 (1824); Free v. Bland, 369 U.S. 663, 666, 82 S. Ct. 1089, 8 L.Ed.2d 180 (1962); Industrial Truck Ass'n, Inc. v. Henry, 125 F.3d 1305, 1309 (9th Cir. 1997) (state law is preempted "where it is impossible to comply with both state and federal requirements, or where state law stands as an obstacle to the accomplishment and execution of the full purpose and objectives of Congress"). Recognizing this basic principle of constitutional law, defendants do not contend that Proposition 215 supersedes federal law, 21 U.S.C. § 841(a). Indeed, Proposition 215 on its face purports only to exempt certain patients and their primary caregivers from prosecution under certain California drug laws-it does not purport to exempt those patients and caregivers from the federal laws. One of the ballot arguments in favor of the initiative in fact states: "Proposition 215 allows patients to cultivate their own marijuana simply because federal law prevents the sale of marijuana and a state initiative cannot overrule those laws." Peron, 59 Cal.App.4th at 1393, 70 Cal.Rptr.2d 20 (quoting Ballot Pamphlet, Proposed Amends. to Cal. Const. with arguments to voters, Gen.Elec. (Nov. 5, 1996 p. 60)).

May 13, 1998 Order from the District Court
20 posted on 01/31/2003 11:00:01 AM PST by Roscoe
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