Reflections From a Murky Pond

Recently, the US Attorney General, Jeff Session declared that he and his DoJ would reverse course on the doctrine set forth under Obama and Holder and restart enforcement of federal drug laws as they pertain to marijuana. This, frankly, leaves me feeling ambivalent since one could say that I’m getting conflicting smoke signals… and neither of them have anything directly to do with either medical or recreational use of cannabis.

To me this is an example of federal overreach resulting in the Constitution being in conflict with itself at this time. I find that the entirety of the federal drug laws, except those that cover importation, exportation, or interstate trafficking, to be violations of the 10th Amendment of the US Constitution. However, the Take Care Clause (Section 3, Clause 5) of Article II of the Constitution requires that the Executive shall take care that the laws be faithfully executed. In other words, the Constitution requires the Executive branch to enforce the laws set forth by the Legislative branch unless and until the Judicial branch declares said laws to be null and void.

That conflict is what’s making me ambivalent about this whole thing, not my personal opinions of either medical or recreational use of marijuana.

Tags: 10th Amendment | America | Crime | DOJ | Drug Laws | Drugs | Federal Law | Federalism | Law | Marijuana | Politics | Separation of Powers | Sessions | States Rights | The Constitution | Weed

This entry was posted on Wednesday, January 10th, 2018 at 12:32 pm and is filed under Politics. You can skip to the end and leave a response. Pinging is currently not allowed.

Our Last Chance To Defend The SCOTUS

If any American still needs a compelling reason to vote for Trump in the upcoming 2016 elections, this is it. If Hillary is elected, the makeup of the SCOTUS will be irrevocably changed and those Liberal “justices” will fundamentally transform America through judicial activism.

Tags: 2016 Elections | America | Constitution | Constitutional Law | Hillary | Politics | SCOTUS | The Constitution | Trump | US Supreme Court

This entry was posted on Saturday, October 29th, 2016 at 9:05 am and is filed under 2016 Election, Politics. You can skip to the end and leave a response. Pinging is currently not allowed.

@RealAlexJones #HillaryJaws Devoured! @infowars pic.twitter.com/ZYY0h2Rhyt

— Justin Gammon (@justingammon) July 31, 2016

Yeah, that’s actually pretty funny…until you take a moment and think about it. Then, it’s far more horrific than the original 1975 film.

Tags: 2016 Elections | America | Clinton | Corruption | Hillary | Humor | Law | Politics | The Constitution

This entry was posted on Thursday, August 4th, 2016 at 11:27 am and is filed under 2016 Election, Politics. You can skip to the end and leave a response. Pinging is currently not allowed.

The United Nations, the various global economic manipulators, the grifters and opportunists, and the true believers of the Warmists’ doomsday cult of AGW all have one existential problem in common – how to get their agenda past the stalwarts in the US Congress, who have repeatedly refused to support UN measures that would harm America’s economy and negatively impact American lives, livelihoods, and lifestyles.

It’s quite the problem for them since their movement is both predicated and dependent upon savaging America’s economy and industry.

France’s Foreign Minister Laurent Fabius – vastly unsurprisingly a Socialist – thinks he has the answer to their problem. He wants to just bypass the US Congress completely.

BONN, Germany (AP) — The global climate agreement being negotiated this year must be worded in such a way that it doesn’t require approval by the U.S. Congress, the French foreign minister said Monday.

Laurent Fabius told African delegates at U.N. climate talks in Bonn that “we know the politics in the U.S. Whether we like it or not, if it comes to the Congress, they will refuse.”

If negotiators follow his plan, that would exclude an international treaty that has legally-binding limits on greenhouse gas emissions – something some countries still insist on but which would have no chance of being ratified by the Republican-controlled Congress.

“We must find a formula which is valuable for everybody and valuable for the U.S. without going to the Congress,” said Fabius, who will host the U.N. climate summit in Paris in December where the new agreement is supposed to be adopted.

In many ways my thoughts on Fabius’ idea is for them to go for it. Without a treaty there is no binding agreement and their only hope for America’s compliance would be for a POTUS who both places an international agenda over American interests and has little to know respect for the Separation of Powers demanded by the Constitution.

True, they have that now in the person of Obama, but the UN’s Climate Summit isn’t until December and the boy will only be in office for a little over a year beyond that. Hence, unless America elects another to that office who doesn’t places an international agenda over American interests and has little to know respect for the Separation of Powers demanded by the Constitution, whatever the UN wants in the absence of a ratified treaty will be moot.

Je vous remercie, Monsieur Fabius. J’aime votre idée.

Tags: 2016 Elections | AGW | America | Climatards | Climate Change | CO2 | Congress | Geopolitics | Global Warming | Grifters | IPCC | Laurent Fabius | Politics | Separation of Powers | The Constitution | UN

This entry was posted on Friday, June 5th, 2015 at 10:22 am and is filed under Politics, The Environment. You can skip to the end and leave a response. Pinging is currently not allowed.

It looks rather more likely than not that Arizona will geld Obama or, at least emasculate his ability to harm Arizona through his barely quasi-legal Executive Orders or directive from his DoJ. Last week on March 10, 2015 Arizona’s House of Representatives voted in favor of House Bill 2368 (HB 2368), which bans the use of AZ personnel or monies to enforce, administer, or cooperate with any of them.

So, politically speaking in Arizona, it looks probable that Obama’s testicles will be tied off, wither and rot, and fall off.

Obama supporters and Statists, have quickly put up the spurious and ignorant argument that HB 2368 violates the US Constitution’s, Article VI, Clause 2 (the “Supremacy Clause”):

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

But even a passing knowledge of SCOTUS jurisprudence and Constitutional Law shows that Arizona’s HB 2368 in no way violates the Supremacy Clause because, supremacy or not, the SCOTUS via the “Anti-Commandeering Doctrine” set forth in their 1842 Prigg v. Pennsylvania, 1981 Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 1992 New York v. United States, and 1997 Printz v. United States decisions has unequivocally stated that the federal government cannot legally commandeer legislative processes of the States by directly compelling them to enact and enforce a federal regulatory program by demanding that those States’ governments to undertake targeted, affirmative, coercive duties.

Oh please pay special attention to Prigg v. Pennsylvania, as it stated that the federal government could not force states to implement or carry out the Fugitive Slave Act of 1793.

In other, simpler words, the Federal government cannot legally compel any of the States to spend their resources in the furtherance of any federal mandate, regulation, or even law. The Supremacy Clause ensures that the States can’t contravene federal edicts but the Anti-Commandeering Doctrine requires that the federal government enforce those edicts with federal resources instead of compelling the States to use theirs to do so.

Hence, in point of legal fact, Arizona didn’t need to limit HB 2368 to merely those edicts spawned within the Executive. The bill would be equally valid on resting upon proven, sound legal grounds if it had include legitimate federal laws enacted by Congress as well.

Now it just remains to be seen how many other states shall go reaching for their gelding knives or similar tools…

Tags: America | Arizona | Constitutional Law | Executive Orders | Federalism | Gelding | Government | HB 2368 | Law | Neutering | Obama | Politics | Statism | Statists | Subsidiarity | The Constitution | Tyranny | US Supreme Court

This entry was posted on Friday, March 20th, 2015 at 11:41 am and is filed under Politics. You can skip to the end and leave a response. Pinging is currently not allowed.