Comments on: Federal Legal Precedence Dead?…or, Dixie’s Spirit Still Lives! http://www.radioactivechief.com/?p=2893 Stronghold of the VRWC in northwestern Moody County, South Dakota Tue, 30 Dec 2014 14:47:21 +0000 hourly 1 https://wordpress.org/?v=4.2.38 By: Chief http://www.radioactivechief.com/?p=2893&cpage=1#comment-71372 Mon, 26 Jul 2010 14:33:27 +0000 http://www.radioactivechief.com/?p=2893#comment-71372 If congress has the power to pass laws regulating drug traffic at all, the 10th Amendment would be moot in that case. One COULD argue in the face of over 100 years of precedent back to T.R.’s (1906) Pure Food and Drug Act that Congress did NOT have this power…but, given the current state of stare decisis, that argument has little firm legal ground to stand on.

Anyway, I see nothing in the 10th Amendment that allows states to actively VIOLATE federal law, as it happening in California, where localities are actively promoting the cultivation, distribution, sale, and taxation of marijuana, which is CLEARLY in violation of federal drug trafficking laws, which have been repeatedly tested in court, and upheld.

I concur that the DoJ’s suit against AZ would be constitutionally destructive if it is successful.

]]> By: Green Lantern http://www.radioactivechief.com/?p=2893&cpage=1#comment-71137 Thu, 22 Jul 2010 19:02:19 +0000 http://www.radioactivechief.com/?p=2893#comment-71137 IANAL, but it would seem that the 10th Amendment pretty well lays out that the states get to decide how this stuff is enforced, whether it’s hemp or illegal immigration.

The Constitution could be in serious jeopardy if this Arizona case gets any headway.

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