Reply to "California's Prop 19--Pot, Grass, Weed, that's right,"

Renegade NationHall of Famer

quote:
Originally posted by SHELDIVR:
Well, California can't legalize weed and I am sure Obama/Holder will bring suit to declare Prop 19 illegal, unconstitutional

Well if we're going to be constitutional...the situation would be exactly the opposite of what you are suggesting.

What California is doing is essentially the same thing as states who say they will not uphold the requirement to buy insurance in the new healthcare bill...Nullification.

I'm not necessarily a big fan of drug legalization, but as a strict constructionist, it is clearly not a federal enumerated power to ban a substance...that would be an undelegated power left to the states and the people.

What gave the power to the Feds to ban alcohol? The Constitution? Not until it was amended. So, strictly speaking it is the same for other substances...it's a state by state isssue. If you want the feds involved...to be constitutional you'd need an amendment giving them that power.

9/29/108:16 AM

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