FatMarty
Well-Known Member
Actually the SCOTUS upheld the governments ability to deny you both the right to grow wheat AND marijuana in two past cases that are now being used as arguments in the health care act case before the Court right now.I think it should be totally legal like vegetables or wheat..I mean I can grow it so leave it alone...jeez...anyway....then they would be fine...but alas it is not the way of things yet...
http://reason.com/archives/2012/03/24/4-best-legal-arguments-against-obamacare/1The 4 Best Legal Arguments Against ObamaCare[h=3]Why the president's sweeping health care overhaul should be struck down by the Supreme Court.[/h]Damon W. Root | March 24, 2012
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3. The Individual Mandate Cannot Be Justified Under Existing Supreme Court Precedent
Defenders of the individual mandate will tell you that of course Congress has the power to compel every American to buy health insurance from a private company. Under an unbroken line of precedents stretching back 70 years, argues liberal University of California law professor Erwin Chemerinsky,Congress has the power to regulate activities that, taken cumulatively, have a substantial effect on interstate commerce.
Its true that the Supreme Court has greatly expanded Congress regulatory powers. In the 1942 case of Wickard v. Filburn, the Court held that the Commerce Clause allowed Congress to forbid an Ohio farmer named Roscoe Filburn from growing twice the amount of wheat permitted by the Agricultural Adjustment Act and then consuming that extra wheat on his own farm. In 2005, the Court reinforced this decision, holding in Gonzales v. Raich that medical marijuana cultivated and consumed entirely within the state of California still counted as commerce among the several States and was therefore open to federal regulation.
Yet neither of those precedents stretched the Commerce Clause so far as to allow Congress to regulate inactivitysuch as the non-act of not buying health insurance. As the National Federation of Independent Business argues in its brief, uninsured status neither interferes with commerce or its regulation nor constitutes economic activity. Instead, the uninsureds defining characteristic is theirnon-participation in commerce.
The Supreme Court has never before granted Congress the unprecedented power to regulate inactivity under the Commerce Clause. If the Court sticks to its own precedents, it wont do so now.
I know this is a bit off-topic; but it is the governments ability to strongarm US when they don't want to follow the law or the Constitution and our timid responses that enable it.
After getting away with it for awhile they feed US ObamaCare without regard for law or even severability clause.
Here in Michigan the government does all it can to not implement the Michigan Medical Marijuana Act and the current AG is a zealot who sure doesn't fear a few potheads.
Unfortunately before Joe Cain was MMMA - back when this law first passed - guys like Bob were MMMA, and they were afraid to face AG Cox with a request for finding of fact on the law.
The Governor was a Democrat and she was opposed to the medical law and did nothing to help.
Cox was the Republican AG and all the activists thought he would be a Bill Schutte type.
Cox recently came out and said the medical law was meant to shield and should be implemeted as intended with dispensaries, and clear rules for participants.
It's not Bobs fault - most everyone was scared - and watching Bill Schutte is indeed an education in how far we've fallen.
I remember everyone going to Lansing and demanding that Cox act.
This was in the first days of MMMA.
Cox sent a letter to the MDCH telling them he needed a formal request to make any finding and that he needed specific questions to investigate.
I brought that up to the management and was told it was a ruse and that I was falling for a fake attempt from Cox to look like he would do his job.
Too bad. He was willing to do what no one else has been willing to do since.
Point of this little story is that you fuckers screaming at everyone and demanding shit need to shut the fuck up and let the adults sort this out now that you have fucked everything up beyond recognition.
Have a nice day.