Federal Drug Law

[sheepdog]

could someone explain how the federal government abrogated itself the power to outlaw drugs without a constitutional ammendment ?

[BOR]

could someone explain how the federal government abrogated itself the power to outlaw drugs without a constitutional ammendment ?

Do you mean how the govt. gives itself authority and from what source???

What's unconstitutional about it??

Abrogate means to do away with, null, void.

Okay, let me expand on that. From memory, Article 1, section 8, clause 1, gives Congress authority to pass laws for the "general welfare" of the United States.

I would say drug laws fall into this category, easily.

[sheepdog]

I gather that means the definition of general welfare has changed from when the government was required to twice ammend the constitution to authorize and repeal prohibition.

how anyone can twist 'providing' ... for enforcement is beyond me

the same with using justifying clauses to expand enumerated powers

[BOR]

I gather that means the definition of general welfare has changed from when the government was required to twice ammend the constitution to authorize and repeal prohibition.

how anyone can twist 'providing' ... for enforcement is beyond me

the same with using justifying clauses to expand enumerated powers

Since prohibition was added to the constitution AS an Amendment, the only way it can be abrogated is by another Amendment.

Congress submitted the AM to the states for ratification, so the states agreed, it should become part of the constitution. When prohibition failed, an AM to repeal it was proposed to the states, who then ratified it.

Congress, by operation of law, in and of itself, did NOT make prohibition the "law of the land".

[BOR]

http://en.wikipedia.org/wiki/General_Welfare_clause

If you are interested in some law on this, pay a visit to a law library where they have the United States Code Annotated (USCA) and under Article 1, sec 8, clause 1, you can read some case law on the "general welfare" clause.


I will readily admit, although such clause is sort of a catch all and I am familiar with it on it's face, I have not studied the case law on it to any varying degree, at all.

[BOR]

Here are some Annotations from Cornell's site. As you can see, it is NOT "settled law" one way or another the exact power the clause gives??


http://www.law.cornell.edu/anncon/ht...html#art1_hd96

[cyjeff]

When did we start doing homework?

[sheepdog]

considering the sorry state of the law , it seems evident that nobody did

if any legal eagle can singly or en mass , decide which citation grants the federal government the power, please do

[bigcountrysg]

If you don't like it, vote to remove the elected officials that against your beliefs out of office.

I personally like the fact that there are federal drug laws. It keeps me in a job.

[BOR]

considering the sorry state of the law , it seems evident that nobody did

if any legal eagle can singly or en mass , decide which citation grants the federal government the power, please do

The USSC has ruled that acts of Congress are "presumed to be constitutional" when passed until later declared void.

State common laws are also settled that enactments are "presumed constitutional" when passed. Until ruled they are not, they remain so.

If Congress has enacted federal drug laws, until a person has "standing" and challenges them as unconstitutional, they remain just that, constitutional.