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Old 07-09-2013, 05:12 PM   #11
CrazyPhuD CrazyPhuD is offline
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Quote:
Originally Posted by Saul Good View Post
You do realize that none of that actually means anything in this case right? Sure the feds can declare something illegal, but making something federally illegal and having the jurisdiction to prosecute it is ENTIRELY different.

For instance if you go to amsterdamn and smoke weed what you did was a federal crime. No ifs ands or buts about it, you broke the federal law and it applies to all citizens. The difference is, the Feds don't have the jurisdiction to prosecute you for the act of smoking weed outside of the US.

While federal law may be 'supreme' it is ONLY supreme within the context of the constitutional powers given to the federal government. The Federal government does not have the power to directly make laws that apply in your state. Instead they rely upon the power of the interstate commerce clause. They can establish many things influence interstate commerce and that gives them the jurisdiction to regulate many things(even if that jurisdiction is probably a bit too broad).

Even with the broadest definition it would still be very difficult for the feds to prove that an individual growing and consuming for personal use influences interstate commerce. If the feds cannot establish interstate commerce jurisdiction they cannot prosecute.

Note the example of prostitution...not a federal crime. Trafficking across state lines is....but not the act...that's up to the states themselves. For instance the feds actually can't set a national drinking age. Why? Because that would be regulating the behavior of internal state affairs which they didn't have the authority to do.

So what did they do instead to institute a national drinking age? They actually made a condition to receiving highway construction funds to raise your drinking age to 21. That's why you saw places like Louisiana raise their drinking age from 18 to 21 in the mid 90s.
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