russo121
New member
Mmmr & cpl
Yes
Does anybody on here have a medical marijuana card and a CPL?
Yes
Does anybody on here have a medical marijuana card and a CPL?
state's rights trump federal law... or do they? they're supposed to...
So, the constitutional RKBA trumps all other gun control laws?
I say Yes, but from what i have read the DEA picks its targets based on severalty, or history of past crimes a person has committed. But the State Law of having a marijuana card that puts a person in the safety zone, could be trumped by Federal. as for Gun Control laws, according to the Supremacy Clause,
any conflicting State Law would be given preference to Federal Law.
One concept that I have always struggled with is this. A LEO takes an oath to uphold the constitution, and the laws of the land. The constitution is the supreme law of the land. Now if the LEO is asked to enforce a law that runs contrary to the supreme law, ie. pistol free zones, or a charge that would result in the loss of those rights, why then, does the LEO enforce the inferior laws, instead of the superior one, the constitution?
For exsample, If I were a cop, and saw someone carrying in a car without a CPL, I would think, "I swore that I would uphold the law, but also to protect the guys rights, which are from a greater law, so I wont violate his rights by enforcing this unconstitutional law". But they never do that. IMO, that teeters on treason.
SUPREMACY CLAUSE
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding." U.S. Const. art. VI, Paragraph 2
May be State Legal but not Federal.
http://www.lectlaw.com/def2/s105.htm
If I were to go, it'd be to support adults doing what they want with their own bodies so long as they don't hurt anyone else.
It wouldn't be to protest or instigate a conflict as the OP suggests.
That being said, I don't want a contact high and I won't be going.
By the way, this thread is STILL OT!
People need to be aware that just having the card is not the problem. However if you possess or use MJ you are in violation of federal law. :banghead:
Where does the US Constitution say the Federal Government may regulate drugs? It doesn't. Therefore, that law was not made in "pursuance" of the US Constitution and ergo is NOT the Supreme Law of the Land (If judges interpreted things right).
You are making a constitutional argument, I am countering it with one of my own -- that's all. The Judges will side with your argument, but that doesn't make it right.
That is a very broad question. Per Article I, section 8, clause 18, Congress may pass any laws necessary and proper to the accomplishment of its powers laid out in clauses 2-17. This elastic clause has permitted Congress to regulate on a wide variety of issues, including gun control, drug regulations, property limitations.
There are three constitutional justifications that should never hold water with any lover of the Constitution. If the Founding Fathers knew theses sections would be twisted to allow the Federal Government to do anything, they would have never written them.
1. Necessary And Proper Clause
2. General Welfare Clause (Part of the preamble!)
3. Interstate Commerce Clause -- which was written so the States could not interfere with interstate Commerce -- not so that Congress could interfere in everything!
"If I buy my shoes in Tennessee they can regulate my walking in Kentucky."
- Rand Paul on talking about the absurdity of the modern interpretation of the Commerce Clause.
Thanks for the lesson.
Subject of the Constitution, and the history of should be sticked for others to learn, such as Me.