View Single Post
Old January 13, 2013, 05:32 AM   #34
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,295
Quote:
Originally Posted by Raven1776
...the supremacy clause which was basically over written by the 10th amendment....
Cite a case in which the Supreme Court so ruled. Without a case on point, your opinion is just meaningless conjecture.

Quote:
Originally Posted by Raven1776
...To the point that there is a precedence created over the years...
The word is "precedent."

Quote:
Originally Posted by Raven1776
...What exactly does article II have to do with this? ...you must have ment article III...
Yes, I meant Article III. It was a typo. I've fixed it. I correctly referred to Article III in post 15.

Quote:
Originally Posted by Raven1776
Good call on this case you gave me! This case shows a people content to be slave, as is the case with the California State legislature, as well as many, not all, people living in this State. ...
Irrelevant twaddle. Gonzales says what it says and is the law.

Quote:
Originally Posted by Raven1776
...As you see now, numerous States have legalized marijuana. The fed said they will not interfere. Why?...
The federal government has said that for now it will not interfere in those States with recreational use. It's call prosecutorial discretion and is a well established concept. It's basically a policy decision to not use resources in that way at this time.

On the other hand, see --

Quote:
Originally Posted by Raven1776
...this [Gonzales] shows the gross misconseption of the commerce clause...
Again, that's up to the courts and not you.

Quote:
Originally Posted by Raven1776
Of course, history in the "real world" is a far cry from the original intent of the Constitution!
Real life takes place in the real world, not in your alternate universe. And in any case, you don't have the final say on what the original intent of the Constitution was.

Quote:
Originally Posted by Alabama Shooter
Quote:
Wrong again. See Gonzales v. Raich, 545 U.S. 1 (2005).
Sure but the Federal government does not follow "that" law anymore. Must be nice to pick and choose which laws they are going to enforce today.
It's not about not following the law. The law doesn't say that a crime must be prosecuted. There is such a thing as "prosecutorial discretion." A prosecuting authority gets to decide when, where and how to enforce criminal laws. So a prosecuting authority, like the United States Justice Department may decide as a matter of policy to go easy on something like recreational or medical marijuana use in States that have legalized it, at least under some circumstances. However, I guess you haven't been keeping up on current events; for example see --

__________________
Formerly known as fiddletown

Last edited by Frank Ettin; January 13, 2013 at 11:24 AM. Reason: correct typo
Frank Ettin is offline  
 
Page generated in 0.05055 seconds with 7 queries