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OfflineDailyPot
Trip'n Time

Registered: 11/17/02
Posts: 2,207
Loc: Florida
Last seen: 11 years, 1 month
Jackpot
    #2591634 - 04/22/04 05:31 PM (12 years, 10 months ago)

Ok, pretty proud of myself here. I think I found a way to legal pot and probably other drugs. I have pretty limited legal knowledge but I'm learning more every day :cool: Hopefully I'm right about this...

Ok, the 10th amendment was made to strengthen the idea of federalism. It states any power not given to the national gov, or restricted by the constitution to the states, belongs to the states and/or the people. Well I'm still looking into it but I odnt believe the national gov was given the power to make drugs illegal. They had to make an amendment to give congress the power to make alcohol illegal. Well I dont see an amendment to make pot illegal or any other drug. I'm currently studing the constitution to make sure they dont have the power to do this.

If it turns out I'm right chances are it'll have to go up to the supreme court and they'll have to say I'm right and then no more DEA or national drug laws, the power will belong to the states :thumbup:


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InvisibleEvolving
Resident Cynic

Registered: 10/01/02
Posts: 5,385
Loc: Apt #6, The Village
Re: Jackpot [Re: DailyPot]
    #2591666 - 04/22/04 05:37 PM (12 years, 10 months ago)

You are of course, correct. However, the Constitution is void where prohibited by law.


--------------------
To call humans 'rational beings' does injustice to the term, 'rational.'  Humans are capable of rational thought, but it is not their essence.  Humans are animals, beasts with complex brains.  Humans, more often than not, utilize their cerebrum to rationalize what their primal instincts, their preconceived notions, and their emotional desires have presented as goals - humans are rationalizing beings.


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OfflineDivided_Sky
Ten ThousandThings

Registered: 11/02/03
Posts: 3,171
Loc: The Shining Void
Last seen: 8 years, 9 months
Re: Jackpot [Re: Evolving]
    #2591687 - 04/22/04 05:43 PM (12 years, 10 months ago)

If somebody coud just bring it to the Supreme Court then I think it would be a strong case.


--------------------
1. "After an hour I wasn't feeling anything so I decided to take another..."
2. "We were feeling pretty good so we decided to smoke a few bowls..."
3. "I had to be real quiet because my parents were asleep upstairs..."


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OfflineHagbardCeline
Student-Teacher-Student-Teacher
Male User Gallery

Registered: 05/10/03
Posts: 9,816
Loc: Overjoyed, at the bottom ...
Last seen: 19 minutes, 56 seconds
Re: Jackpot [Re: Divided_Sky]
    #2591717 - 04/22/04 05:51 PM (12 years, 10 months ago)

The very same Supreme Court which upheld legislation violating free speech?

:lol:


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I keep it real because I think it is important that a highly esteemed individual such as myself keep it real lest they experience the dreaded spontaneous non-existance of no longer keeping it real. - Hagbard Celine


Edited by HagbardCeline (04/22/04 06:20 PM)


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OfflineDailyPot
Trip'n Time

Registered: 11/17/02
Posts: 2,207
Loc: Florida
Last seen: 11 years, 1 month
Re: Jackpot [Re: HagbardCeline]
    #2591754 - 04/22/04 06:01 PM (12 years, 10 months ago)

Quote:

HagbardCeline said:
The very same Supreme Court, which upheld legislation violating free speech?

:lol:



They've made bad decisions before but they try to be fair. I think its a good argument, and its probably the area of government with the highest chance of changing drug laws currently...

What free speech violation are you reffering to btw?


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OfflineDailyPot
Trip'n Time

Registered: 11/17/02
Posts: 2,207
Loc: Florida
Last seen: 11 years, 1 month
Re: Jackpot [Re: DailyPot]
    #2591762 - 04/22/04 06:05 PM (12 years, 10 months ago)

Quote:

Article I. Section 8.

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;


To borrow money on the credit of the United States;


To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;


To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;


To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;


To provide for the punishment of counterfeiting the securities and current coin of the United States;


To establish post offices and post roads;


To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;


To constitute tribunals inferior to the Supreme Court;


To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;


To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;


To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;


To provide and maintain a navy;


To make rules for the government and regulation of the land and naval forces;


To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;


To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;


To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And


To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.




That 'common welfare' thing is probably the bases for the laws...even tho it looks pretty clear to me that our founding fathers did not intend for that to be used to make a plant illegal...

So legal experts, hows the case looking? :crazy:


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OfflineHagbardCeline
Student-Teacher-Student-Teacher
Male User Gallery

Registered: 05/10/03
Posts: 9,816
Loc: Overjoyed, at the bottom ...
Last seen: 19 minutes, 56 seconds
Re: Jackpot [Re: DailyPot]
    #2593317 - 04/23/04 01:59 AM (12 years, 10 months ago)

Quote:

What free speech violation are you reffering to btw?




Campaign finance reform.

Quote:

They've made bad decisions before but they try to be fair. I think its a good argument, and its probably the area of government with the highest chance of changing drug laws currently...




Your missing the point. Of course it's illegal according to the Constitution. So is just about every fucking thing thing the federal government does. The Constitution is no longer the framework to base the establishment of government and law, but an obstacle.


--------------------
I keep it real because I think it is important that a highly esteemed individual such as myself keep it real lest they experience the dreaded spontaneous non-existance of no longer keeping it real. - Hagbard Celine


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OfflineDailyPot
Trip'n Time

Registered: 11/17/02
Posts: 2,207
Loc: Florida
Last seen: 11 years, 1 month
Re: Jackpot [Re: HagbardCeline]
    #2626662 - 05/01/04 05:33 PM (12 years, 10 months ago)

I dont think the constitution is as dead as you do. I'm not a government fan but I do have some faith that the system actually does work atleast to an extent.

Ok and heres an update, I finally got to the bottom of it. Origionally the the ferderal government didn't believe they had the constitutional power to outlaw drugs. The 1st and 9th amendment gave us the freedom to put w/e we wanted into out own bodies, soooo instead they said you needed a tax stamp to sell make etc it, which the government would not produce, and a licence to possess it, which you could not get enless you were in possession of some already, in which case you were already breaking the law so you'd be arressed.

Those loophole lasted a few decades due to bad supreme court decisions. Then in the 60s I believe the courts ruled that was unconstitutional so the laws went bye bye. Well many years had passed during this time and since the government had been interfering with our freedom of substances for so long society actually believed they had the right to so they flatout just made laws w/o any loopholes.

This is the part I didn't understand legally. Why they were using loopholes before and not now. Well this sucks, guess we gotta get the idea back out there that the government shouldn't be this involved in our daily lives, which is true. Its imo only a matter of time before they get legalized but lets try and do this in our life time please :thumbup:


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InvisibleTrueBrode
Stranger

Registered: 11/03/03
Posts: 287
Re: Jackpot [Re: DailyPot]
    #2626723 - 05/01/04 05:55 PM (12 years, 10 months ago)

This will not work. If you hold a Social Security Number and are a United States citizen, not a united states citizen (American National), you are bound to the contract of statutory law that you agreed to by accepting that contract. Therefore you are not a sovereign person, but a sub-corporation of the state. Even if you do renounce citizenship, it would still be a tough fight in court since you would have to represent yourself, and hope for a judge that actually understands or respects sovereign law.

Your best bet would be working toward changing the law.


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Invisiblez@z.com
Libertarian
Registered: 10/13/02
Posts: 2,876
Loc: ATL
Re: Jackpot [Re: TrueBrode]
    #2626754 - 05/01/04 06:07 PM (12 years, 10 months ago)

Quote:

TrueBrode said:
This will not work. If you hold a Social Security Number and are a United States citizen, not a united states citizen (American National), you are bound to the contract of statutory law that you agreed to by accepting that contract.



I never signed any contract. Show me where I did that and I'll believe you. The idea of an implied contract is bs.


--------------------
"Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." - C.S. Lewis

"I would rather be exposed to the inconveniencies attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson


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Invisibleluvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 34,186
Loc: Lost In Space
Re: Jackpot [Re: z@z.com]
    #2626770 - 05/01/04 06:11 PM (12 years, 10 months ago)

I believe you'll find the principle involved is similar to the "implied consent" doctrine. However should you attempt to use the "I never signed anything" defense... let us know how it works out for you.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers


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InvisibleTrueBrode
Stranger

Registered: 11/03/03
Posts: 287
Re: Jackpot [Re: z@z.com]
    #2626782 - 05/01/04 06:14 PM (12 years, 10 months ago)

I never signed any contract.

You may never have formally signed a contract, but that does not mean one does not exist.

Show me where I did that and I'll believe you

Are you a United States citizen? Do you have a social security number? Then you are bound to the contract that the United States Government creates.

The idea of an implied contract is bs.

Why don't you break statutory law in front of a police officer, and then tell me that an implied contract is bs.


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