Everyone knows a loser resorts to vulgarity and sensationalism.
I'm not saying it's the same. I'm saying the arguments to regulate it are the same. It's for the children! And how did we get 17,170 incidents? It's against the law.
I must be missing the part of the Constitution that prohibits government regulation of drug use.
Now, if you wanted to argue that drug regulation ought to be left to the states, you might get somewhere.
The part where they aren't given an enumerated power to regulate what citizens consume. The Constitution doesn't take power away from government, it spells out exactly what powers they have. Where in the Constitution is the government given authority to regulate what a citizen consumes?
Why did it take a Constitutional Amendment to prohibit alcohol, but just a law to outlaw "drugs?"
So your argument is that there is no expressly enumerated power for the federal government to regulate drug consumption? The obvious answer is the commerce clause, since drugs or their components commonly pass in interstate commerce.
Even accepting your argument--and I'm partial to it--it addresses only the federal government. Unlike the federal government, the job of state governments is to pass laws for the general health and welfare of citizens--like prohibitions on drug use. The State of Indiana can and should make the use of drugs like meth illegal, and there's nothing Constitutionally wrong with it doing so.
Guns are a different story. BOTH the federal AND Indiana Constitutions prohibit infringement on the right to bear arms. No matter what judgment Indiana politicians may make about whether guns are good for the health and welfare of Indiana citizens, the Indiana Constitution limits the laws they can pass on that subject. Not so with drugs.
Then what does my `81 Suzuki GS550LX say about me?
. Now go read the Ninth and Tenth Amendments and get back with us.
Yeah . . . if that's addressed to me, you might want to consider re-reading the parts of my post talking about state laws prohibiting drug use, then get back with me.
So your argument is that there is no expressly enumerated power for the federal government to regulate drug consumption? The obvious answer is the commerce clause, since drugs or their components commonly pass in interstate commerce.
Yes it is. There is no need for me to re-read what you said about state laws. You said that the Interstate Commerce Clause justifies federal regulation as follows:
As I previously stated, the Wickard V. Filburn decision was a gross distortion of the Interstate Commerce Clause and since you apparently did not bother reviewing them, the Ninth Amendment states that the specific enumeration of some rights does not disparage against any others, and the Tenth Amendment clearly states that powers not specifically delegated to the federal government are reserved to the states and the people. You held to the notion that the federal government has authority to regulate a plant/product that often never crosses a state line (although it may) under the interstate commerce clause. Interstate commerce means that it is commerce crossing state lines. Last time I checked, there were several drugs which could be produced without them or any components thereof crossing a state line. That said, you, sir, are cordially invited to stand corrected.
I thought this was a thread about assault rifle owners have small penis.
Maybe we can start a thread on comparing regulating firearms to regulating drugs?
I guess I'll take that as a "not interested" on the attempt to have an adult conversation on whether regulation of guns really is the same as the regulation of drugs.
If you're determined to have a pissing contest, I suppose I can oblige. I did review the 9th and 10th amendments, and the Wickard decision, at length. In my first year of law school. Where I also reviewed the new federalism commerce clause jurisprudence of the Rehnquist Court, including the Lopez, Morrison, and Seminole Tribe decisions, which put sharp limits on the reasoning of Wickard, and the Gonzalez decision, which addressed this very issue in the context of applying federal drug laws to marijuana grown and consumed in one state, and found that the commerce clause permits the regulation of intrastate non-economic goods provided that the regulation is necessary to an overall regulatory scheme that is addressed directly to interstate commerce.
You may, like Justice Thomas did in dissent in Gonzalez, disagree with this application of the commerce clause. But your disagreement--or even Justice Thomas's (in dissent)--doesn't mean that it's not the currently binding interpretation of that part of the Constitution. Disagree all you want, but it is a fact that Congress can and is regulating drugs.
If we're going to talk about the law, let's talk about the law as it is, rather than the law as you think it should be. Your individual opinion on a mostly-abrogated New-Deal era Supreme Court case isn't really all that relevant to a discussion of whether there is a principled basis to argue that guns should not be heavily regulated, but drugs should be, either at the federal or at the state level.
The difference between drugs and guns--to make a minor effort to drag this back on point--is that guns enjoy express Constitutional protection at both the state and federal level. Drugs do not. I myself think the state, not federal level is the right place for those laws to be passed, but I do think that there should be laws, and I don't think there's any double-standard in thinking so.
Rather have a teenie weenie than a metro-mangina