Since the Constitution specifies that policing power is to be left only to States, why have federal drug laws?


Question by Anti_Censorship: Since the Constitution specifies that policing power is to be left only to States, why have federal drug laws?
During the birth of the US Constitution, it was understood that people had the right to do what they wanted with their own minds and bodies. Why do we now have federal drug laws against marijuana which puts more “offenders” into prisions wasting taxpayer money? Do we really want the government making personal decisions for us?
People smoking marijuana privately in their own homes without causing a problem does not constitute anything close to interstate commerce.

Best answer:

Answer by Andy J
no… vote Ron Paul

they make so much money catching people who do drugs, fines, fees, all sorts of crazy cash. the department of trasnportation is in on it too

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  1. #1 by HokiePaul on July 26, 2010 - 1:24 pm

    I don’t have an opinion on the issue of whether drugs should be legal or not, but don’t be fooled into thinking that the Federal government is breaking law or acting contrary to the Constitution.

    Drug sale and transport, just like any other good or service, happens across state lines and thus can be classified as interstate commerce — which can be regulated by the federal government. Courts have reached and upheld this decision multiple times.

    Article 1, Section 8 of the Constitution states:
    “Congress shall have the power . . .

    “to regulate Commerce with foreign Nations, and amount the several states, and with Indian Tribes”

    “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”

  2. #2 by Pythagoras on July 26, 2010 - 2:06 pm

    First of all, I’m not sure how you base your claim that “it was understood that people had the right to do with their minds and bodies”, but let’s put that aside.

    The Constitution has been assaulted for a long time. The Reserved Powers clause of the Constitution states that all powers not delegated to the Federal government belong to the States, so I agree with your premise that the Federal Government is overstepping its bounds.

    The way they get around it is with the “Necessary and Proper” clause, which basically claims that even though some rights are not mentioned in the Constitution, it is necessary and proper for the Federal government to be involved in those so it can carry out its necessary and proper duties.

  3. #3 by Pfo on July 26, 2010 - 2:38 pm

    Hmmm, you seem to misunderstand that the only powers left to the states are the ones the federal government has not taken. Any power that states now have can be taken away simply by the federal government bringing it under their jurisdiction, which is what they did concerning drug laws.

    Most marijuana-only offenders are let go and ignored, many states are sick of dealing with them because like you said punishing them ruins their lives more than using marijuana did. Usually charges are brought against individuals who are repeat offenders, dealers, or where marijuana possession was accompanied by other crimes.

  4. #4 by N. Cognito on July 26, 2010 - 3:27 pm

    The federal government has no legitimate police powers except at the borders and coasts, and has never been granted the authority to prohibit the private use or possession of ANY substance to the individual. Having done so, the federal government has broken the law (see Article IV of the Constitution) and has therefore identified itself as a criminal organization.

  5. #5 by RMR278 on July 26, 2010 - 3:44 pm

    drug laws were hyped up as important for a safe community, again state or create a problem, scare the heck out of everyone and offer the solution you wanted in the first place.

    drug wars are for one reason only (same for war on prostitituion and private gambling) money. it is a legal (tho unlawful) way to seize others assets without having to go through criminal court and due process. if a police officer even suspects you might have drugs or selling drugs out of your car or home, and he doesn’t have to prove it first, he takes your house, bank accounts etc, before proving anything, in fact you have to prove your innocent, but you can’t since you have no assets.

    then the police department that makes the seizure gets up to 80 percent of the assets. it is all a ruse to keep the prices of drugs high, (by gettting rid of competitors) wealth consfiscation for the fat cats in local and state governments, and some that trickle to the feds too.

    I just read that 90 percent of policing in washington dc is catching petty criminals who just have to pay fines, forfeit their homes, cars etc, instead of going after real criminals. you see it is easy to make crimes, all you have to do is forbid something, anything, especially something people have a right to do, or need to do, like eat, sleep or urinate, and there you have guarantee revenue producing policing.

    how often is sleeping in your car an excuse for the cops to search you adn your car for drugs, large amounts of cash etc? even if your on private property your own or a friends?

    if you get pulled over for minor traffic violation they will confiscate any large amounts of cash (excuse is it has to be drug money why would you have so much of it with you otherwise?) trouble is they don’t have to prove anything or arrest you, just take it and your the one who has to prove it was legitmate money.

    you better hope no agency or envriomental group wants your property because then the police there (especially small towns with small budgets) will pretend your property is involved in crimes of some sort and they will seize the property, so they can sell it to the enviromental or otherwise group. one man I heard said if a cop just stands at the edge of your property and claims he saw pot plants or parphinalia, they will seize the house and property without due process and have fun trying to prove your innocence. they give cops to much power if you ask me.

    ever watch that show cops? their are so many violations of the law that it boggles the mind. and people think it is alright for cops to act that way. the people in there have no clue as to their rights, they are denied them at every turn. there are violations of the maranda rights, the fifth, first amendments you name it.

    sometimes I think even the local governments and cops are being played. I mean what better way to create a problem (violence, hate against authority, distrust of government etc, ) then by having cops taser pregenant woman, hit the wrong house and taser a deaf man or taser a guy because he didn’t know why he was being pulled over?

    could they be trying to use the bullies of society make them cops and give them leeway like this to create a need for a national police force completely privatized? or to get people to protest and get violent to give an excuse for martial law?

    are they trying to sift out the dominate personalities of society the kind who fight back against abuses or speak out and sometimes use political avenues to address wrongs, from those who are passive and do nothing that they know who they can keep as slaves and those who they imprison or kill that won’t be good slaves?

    did they want a drug war so as to get their foot in the door for other asset producing regulations and restrictions on people’s enjoyment of their lives? such as limiting or forbidding herbs or certain foods like ice cream? or limiting what you can do to your own property? or regulating cities to the point a person has to have a car to get groceries ot get to work because of restrictive zoning laws?

    when the purpose of government (politics and police funny police is awefully close to politics. could police mean politics? actually if you look up politics is does mean police.)
    is not to enforce laws and protect inalienable rights of people, but to make money for their friends the bankers, and of course for themselves too, you have nothing but unlawful and unfair regulations and laws (in fact I read that regulations is not really a law, but sure is enforced like one isn’t it?) unfair taxations, and unfair restrictions and trampling of people’s rights of life, liberty, pursuit of happiness and property.

    such a government becomes a burden, not a refreshment to the masses. in fact one scripture that comes to mind in poverbs says “when the righteous rule, the people rejoice, but when the wicked bear rule the people sigh.”

    so my question is are the majority of people in your neck of the woods rejoicing or sighing? that should tell you who are ruling the wicked or the righteous. are people praising their governments, are they happy about the taxation and the returns on their investments of those taxes? are they happy about the zoning laws and restrictions placed on their pursuit of pleasure via petty laws and are they happy at their jobs and with the amount of money they take home and can use and enjoy? do they find the courts systems a refreshment to see true justice done, or are they frustrated by the whole thing? are they refreshed by the governments handling of matter domestic and foreign?

    RRRRR

  6. #6 by Stewie Griffin on July 26, 2010 - 4:40 pm

    with no interstate commerce, the feds have no right to regulate marijuana growing and use.

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