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Old 10-16-2010, 09:55 PM
 
Location: NC
9,984 posts, read 10,392,719 times
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Quote:
Originally Posted by ergohead View Post
Criminal and convoluted logic, can absolutely destroy the Constitution.

Seems the Article III Supreme Court is humping the Article I Congress.

Gonzales v. Raich - Wikipedia, the free encyclopedia

That can make for a lot of 2nd-9th-10th Amendment individuals.

I wish the Supreme Court would get out of politics.
Well under article three sec. 1 and 2 the Supreme court has vested in it the judicial power in all cases in law and equity arising under the constitution, treaties, and US code. I would say they probably have the power to make decisions about the constitutionality of an act of congress.
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Old 10-16-2010, 09:55 PM
 
Location: Michigan
12,711 posts, read 13,479,163 times
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Quote:
Originally Posted by Randomstudent View Post
That might be, but even so it is a supreme court decision on a constitutional issue and gives the DEA and the CSA a leg to stand on, or "road map" if they bring suit.
They can't compel state law enforcement to enforce a federal law. Which makes one wonder what the object of a lawsuit would be.

BTW the federal government's reasoning in the Arizona immigration case is just as egregiously wrong.
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Old 10-16-2010, 09:58 PM
 
19,226 posts, read 15,321,408 times
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Quote:
Originally Posted by Randomstudent View Post
Well under article three sec. 1 and 2 the Supreme court has vested in it the judicial power in all cases in law and equity arising under the constitution, treaties, and US code. I would say they probably have the power to make decisions about the constitutionality of an act of congress.
We're talking about an act of a State legislature here.
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Old 10-16-2010, 09:59 PM
 
Location: NC
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Quote:
Originally Posted by djacques View Post
They can't compel state law enforcement to enforce a federal law. Which makes one wonder what the object of a lawsuit would be.
They can have the DEA enforce a federal law and federal laws have supremacy...That is how they desegregated the South more or less. Do you think all the southern states would have allowed the 1964 civil rights act to be enforced if they didn't have some pushing from the federal government?
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Old 10-16-2010, 10:00 PM
 
Location: Michigan
12,711 posts, read 13,479,163 times
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Quote:
Originally Posted by Randomstudent View Post
They can have the DEA enforce a federal law and federal laws have supremacy..
That is absolutely correct, but they can do that without resorting to a lawsuit.

The proposition doesn't claim authority to limit the powers of the DEA or Justice Department, only agents of the state of CA.
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Old 10-16-2010, 10:00 PM
 
Location: NC
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Quote:
Originally Posted by ergohead View Post
We're talking about an act of a State legislature here.
We are? I though we were talking about the Controlled Substances Act of 1970.
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Old 10-16-2010, 10:01 PM
 
Location: NC
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Quote:
Originally Posted by djacques View Post
That is absolutely correct, but they can do that without resorting to a lawsuit.
They can, but why just give up the legal option to compel cooperation from state and local officials?
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Old 10-16-2010, 10:04 PM
 
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Quote:
Originally Posted by Randomstudent View Post
We are? I though we were talking about the Controlled Substances Act of 1970.
The State of California obviously doesn't recognize its jurisdiction to enforce the
Controlled Substances Act of 1970.
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Old 10-16-2010, 10:07 PM
 
Location: NC
9,984 posts, read 10,392,719 times
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Quote:
Originally Posted by ergohead View Post
The State of California obviously doesn't recognize its jurisdiction to enforce the
Controlled Substances Act of 1970.
Really? what about article 6 section 1 clause 2 of the constitution?
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Old 10-16-2010, 10:07 PM
 
Location: Pasadena
7,411 posts, read 10,389,847 times
Reputation: 1802
The poll numbers suggest that Prop 19 will win especially if students vote. It will be an interesting showdown with the federal government since the Attorney General is threatening California to not legalize marijuana or face an immediate court injunction. The state legislature and governor signed a law recently that decriminalize marijuana possession to a traffic ticket; this was done to pacify the voters to not legalize cannabis. Now the sheriff of Los Angeles county is claiming he will follow federal law versus state law if marijuana is legal. This entire issue is becoming a huge headache for the politicians and police. Should be very interesting to see what happens.
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