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No, the drug laws are aimed instead at prohibiting drug commerce, just as the recently examined statutes were aimed at prohibiting gun possession near schools, gender-motivated violence, and arson. They are all police power measures parading as regulations of commerce. Under the Constitution as originally understood, there is absolutely no authority for them. Accordingly, they are all unconstitutional and hence, in a word, illegitimate. Constitutional Limits on State Power But what about the states?
34 Indeed they would. But it’s not just the will of the people that is at stake. It’s also the principles of the nation. In testimony I gave in 1997 on the federalism implications of the medical marijuana initiative movement, before the Crime Subcommittee of the House Committee on the Judiciary, I noted the draconian response that eventually came from the McCaffrey meeting: In the February 11, 1997, Federal Register the Office of National Drug Control Policy announced that federal policy would be as follows: (1) physicians who recommend and 30 United States v.
Html. ” 38 The Illegitimate War on Drugs had used appropriated funds to engage in grassroots lobbying against a concealed-carry gun initiative then on the Missouri ballot, to the consternation of certain members of Congress, who wanted to put a stop to that kind of officious federal intermeddling in state and local affairs at taxpayer expense. I entirely agreed with the effort to stop such abuse and agreed to testify in support of the measure, provided I could extend my remarks to the identical problem involving state medical marijuana initiatives.