Home | Community | Message Board


Marijuana Demystified
Please support our sponsors.

General Interest >> Political Discussion

Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Original Seeds Store Shop: Cannabis Seeds, Compare CBD, Medical Cannabis Seeds

Jump to first unread post. Pages: 1
Offlinewingnutx
Registered: 09/25/00
Posts: 2,268
Last seen: 5 years, 11 months
FEDERALISM UP IN SMOKE?
    #1826618 - 08/18/03 04:03 PM (13 years, 9 months ago)

On Septeber 17th, Randy Barnett will argue before the U.S. Court of Appeals for the Ninth Circuit, that federal laws prohibiting the intrastate possession, use, and distribution of medical marijuana exceed the scope of the commerce clause and are therefore unconstitutional. He outlines the claims here, and documents related to the case are posted here. As Randy rightly notes, this case could test whether judicial federalism is for real.

--------------------------------------------------------

From National Review:

DOES THE FEDERALISM REVOLUTION SWING BOTH WAYS? [Randy Barnett]
The oral argument for the OCBC medical cannabis case before the Ninth Circuit has been scheduled for September 17th. I am in San Jose today for a moot court at Santa Clara Law School to prepare for the argument. The case raises three significant constitutional issues:
1. Has the government exceeded its powers under the Commerce Clause by trying to prohibit the wholly intrastate acquisition, use, and distribution of medical cannabis that is lawful under California state law-- without any showing that this class substantially affects interstate commerce?

2. Does the injunction in OCBC improperly interfere with the police power of the State of California to protect the health and safety of its citizens--a power that the national government lacks. The police power includes the power to say YES as well as NO, with respect to activities that take place wholly within its borders and that do not interfere with interstate commerce?

3. Does the injunction violate the fundamental rights of the OCBC members to ameliorate unnecessary pain and suffering and to consult and follow the recommendations of their physicians?


Ultimately, if we prevail in the Ninth Circuit, this will put the conservatives on the Supreme Court to the test: is their federalism revival applicable to issues of policy where they may strongly disapprove with what the states are doing? Does the federalism door swing both ways? But first, of course, we have to win in the Ninth Circuit.


Post Extras: Print Post  Remind Me! Notify Moderator
OfflineStrumpling
Neuronaut
Registered: 10/11/02
Posts: 7,571
Loc: Hyperspace
Last seen: 6 years, 9 days
Re: FEDERALISM UP IN SMOKE? [Re: wingnutx]
    #1826647 - 08/18/03 04:08 PM (13 years, 9 months ago)

WOW!

at least we see a BIT of momentum..


--------------------
Insert an "I think" mentally in front of eveything I say that seems sketchy, because I certainly don't KNOW much. Also; feel free to yell at me.
In addition: SHPONGLE


Post Extras: Print Post  Remind Me! Notify Moderator
Jump to top. Pages: 1

Original Seeds Store Shop: Cannabis Seeds, Compare CBD, Medical Cannabis Seeds

General Interest >> Political Discussion

Similar ThreadsPosterViewsRepliesLast post
* Stanley Hilton Preparing Appeal To The Ninth Circuit Appellate Court usefulidiot 447 2 01/18/05 02:46 PM
by Innvertigo
* Ninth Circuit Says No To Federal Hemp Food Ban Baby_Hitler 357 1 04/26/03 04:19 AM
by GabbaDj
* state medical marijuana laws over-rule federal laws djfrog 445 2 12/17/03 01:44 PM
by DoctorJ
* Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird
( 1 2 all )
HagbardCeline 1,478 25 05/11/09 08:33 PM
by Mr.Al
* Petition for redress of grievances wrt federal banking system
Tri High
689 4 09/07/08 02:57 PM
by Seuss
* Recording/Transmitting Animal Cruelty law struck down by third circuit... Activist sges, thoughts? johnm214 638 8 07/21/08 03:41 AM
by dill705
* Federal Reserve System and Fiat Money
( 1 2 3 4 ... 9 10 all )
pothead_bob 9,820 188 08/14/08 11:21 AM
by Seuss
* House panel OKs provision to divide 9th Circuit Court lonestar2004 240 0 11/04/05 09:06 PM
by lonestar2004

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: Enlil
315 topic views. 1 members, 3 guests and 13 web crawlers are browsing this forum.
[ Toggle Favorite | Print Topic | Stats ]
Search this thread:
Mycohaus
Please support our sponsors.

Copyright 1997-2017 Mind Media. Some rights reserved.

Generated in 0.022 seconds spending 0.005 seconds on 18 queries.