The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Saturday, December 19, 2015

Is federal suppression of recreational drug use unconstitutional?

The federal government lacked the authority to ban alcohol without the 18th Amendment, since repealed by the 21st.

Actually, it never banned its use, but only manufacture, transportation, and sale of liquor as a beverage - that is, for recreational use.

The use of a product is not interstate commerce by any stretch of the imagination.
Nor is intrastate production, transportation, or sale.

So what about bans on manufacture, transportation, or sale of heroin, cocaine, or other drugs?

Or their mere use?


And what does this say about Obamacare?

Had it included a tax on the uninsured rather than a fine on those who disobeyed a command to buy insurance it would have been, by the letter if not by the spirit of the thing.

So Roberts lied and said it was a tax, and so it was ok.

Why?

Political cowardice?

The 4 Best Legal Arguments Against ObamaCare

The only good one is that the commerce clause does not grant congress the power to compel purchase of anything.

Nor, of course, the general welfare clause.

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