They have to be kidding.. I hope they really don't actually believe in that crap deep down
Of course they believe it.
Here's the interesting thing though...
The laws CANNOT be used to eliminate demand.
Nigro v. U.S.
http://supreme.justia.com/us/276/332/case.html
"In interpreting the (Harrison Narcotics) Act, we must assume that it is a taxing measure, for otherwise it would be no law at all. If it is a mere act for the purpose of regulating and restraining the purchase of the opiate and other drugs, it is beyond the power of Congress, and must be regarded as invalid, just as the Child Labor Act of Congress was held to be, in Bailey, Collector v. Drexel Furniture Co., 259 U. S. 20. "
What does this mean? That the "law" is only valid if it "regulates commerce" without having a severe elimination of demand.
As it is clear that the purpose of the drug laws today is to "Eliminate Demand" the laws have no authority - they are unconstitutional and invalid as if they were no law at all.
People continue to defend themselves the wrong way, saying, "It wasn't (interstate) commerce!"
Possession of your dick in your hand reduces the international demand for condoms (as you have no partner and won't be needing one), so jerking off "severely" affects interstate commerce. (Mild exaggeration, but if it made it to the courts, I'm sure they'd rule in this manner...)
EVERYTHING is Interstate commerce. You have no defense there.
The defense is in the laws - and their usage - themselves.
What do the laws do?
Prohibit the CONTROL of private property.
Where does government get the power to CONTROL private property the Government does not own - WITHOUT Due process nor just compensation?
The Interstate Commerce Clause?
How so?
“That property which a man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it to his neighbor's injury, and that does not mean that he must use it for his neighbor's benefit; second, that if the devotes it to a public use, he gives to the public a right to control that use; and third, that whenever the public needs require, the public may take it upon payment of due compensation.” BUDD v. PEOPLE OF STATE OF NEW YORK, 143 U.S. 517 (1892)
That seems fairly straight forward - property rights are insoluble by law.
That's as the founders intended it to be...
“WHEREAS the powers granted under the proposed Constitution are the gift of the people, and every power not granted thereby, remains with them, and at their will; No right therefore of any denomination, can be canceled, abridged, restrained or modified by the Congress, by the Senate or House of Representatives, acting in any capacity, by the President, or any department or officer of the United States” Continental Congress WEDNESDAY, the 25th of JUNE, 1788.
Whoops.
Property rights are inherent, unalienable - AND protected under the 5th Amendment...
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US, 230 F 486, at 489.
Whoops.
So Control of your private property is now a "crime" under the "Controlled Substances Act" because Government has usurped your "RIGHT" to control your property - without due process nor compensation - under the Interstate Commerce Act?
I don't think so...
"If there be any conflict between these two provisions (powers to make law in the Articles of the Constitution and the "rights" protected by the Amendments), the one found in the Amendments must control, under the well-understood rule that the last expression of the will of the lawmaker prevails over an earlier one." Schick vs United States [(1904) 195 US 65, 49 L.Ed. 99, 24 S. Ct. 826
You all forget that the "prohibition" we have is not absolute.
We do not have "PROHIBITION" today...
We have LICENSING laws that allow for the LICENSE of distribution of the property in question.
What's that mean?
Our fundamental right to CONTROL PROPERTY regardless of the moral approval of others is being LICENSED back to the people...
Such a law is invalid and can be ignored without consequence.
“And our decisions have made clear that a person faced with such an Unconstitutional licensing law may ignore it and engage with impunity in the exercise of the right of free expression for which the law purports to require a license. "The Constitution can hardly be thought to deny to one subjected to the restraints of such an ordinance the right to attack its Constitutionality, because he has not yielded to its demands." Jones v. Opelika, 316 U.S. 584, 602 (Stone, C. J., dissenting), adopted per curiam on rehearing, 319 U.S. 103, 104 . [394 U.S. 147, 152]” Shuttlesworth v. Birmingham (1969) 22 L Ed 2d 162, 394 U.S. 147, 89 S Ct 935
This is all stuff from an
early reply brief I was writing for my case... (With working links to the case law quoted here)
I'm still fighting - and getting ready for an appeal to the 9th circuit on the basis that the Court denied my "demurrer" motion because there are "no property rights not subject to governmental control"
If there are no property RIGHTS that are not controlled by Government, there are no property RIGHTS at all - only the PRIVILEGE of use and possession granted by Government.
This is legislative enslavement of the entire populace and is obviously oppressive legislation...
Without one final case to quote making this quite clear;
UNITED STATES v. BALINT ET AL.
Many instances of this are to be found in regulatory measures in the exercise of what is called the police power where the emphasis of the statute is evidently upon achievement of some social betterment rather than the punishment of the crimes as in cases of mala in se.
That ruling there is POWERFUL.
The drug laws are not laws against "mala in se" acts (actual crimes), but are laws of punishment for achieving a social betterment - rising from one's social class to another.
I'm working on getting all this stuff together for my appeal - and would appreciate any help anyone can provide...
Either cases that I may not have seen yet that back this cause, or organizations (like the ACLU, NORML, etc) that could help with the appellate process.
If you have access to any such organization - or anyone that would be willing to help with the procedural process at a federal appellate court, I would really appreciate any information you could get me.
Thanks,
Mike (at) DDEAL.us