<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Christopher II:
Mike, Mike, Mike...
YES, the Constitution DOES have to specifically mention something for it to come under government regulation!! That's the entire point of the Constitution, to describe in EXPLICIT detail the ONLY things that the government can do.
And the logic of "the government doesn't BAN drugs..." could just as easily be taken as to give the government the power to enact any gun control they like short of a total ban.
BTW, sorry about the yelling. I'm a bit excitable today. I need to go shooting...
Later,
Chris
[/quote]
Chris, I know where you're going, and while I generally support that direction, it is also incorrect in a practical and historic context.
To say that the Constitution SPECIFICALLY requires a product to be mentioned by name (Heroin and Morphine was unknown in the 1700s, Opiates were very rare, Cocaine may have been know, and hemp was used for rope) flies in the face of what the Framers of the Constitution wanted.
What the Federal Government did in expanding its powers, especially during the Civil War, also flew in the faces of the Framers to a large degree.
However, the Constitution itself INVITES this sort of regulatory reinterpretation.
Please read the sections that I have noted (I've corrected the section and clause citations).
Authority to control importation of products, including an exclusionary ban on them, is drived from the Article I.
This also extends to interstate commerce.
I would agree with you that many federal laws regarding the growth on private property of marijuana and poppies may well be unConstitutional, but to date not a single one that has been challenged up to the Supreme Court has been struck down.
Result? De facto Constitutional law and regulation.
As for the extension of "Ban" to enact gun control legislation.
1. It's already happening, and
2. There is no article in the Bill of Rights which begins "A well-toked Crack Head..."
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Smith & Wesson is dead to me.
If you want a Smith & Wesson, buy USED!