The Supreme Court ruled that the government could tell a farmer how much wheat he was allowed to grown on his own land for his own use. http://en.wikipedia.org/wiki/Wickard_v._Filburn (Read the case at http://www.agh-attorneys.com/4_wickard_v_filburn.htm... you won't believe how stupid the Supreme Court "justices" are.)
Since then, the government has tried to control everything, even telling States that they cannot enact their own laws regarding growing medical marijuana.
The 10th Amendment to the Constitution reserves to the People and the States: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
In reading the Constitution, I don't see anything that gives the federal government the power to prevent people from growing wheat - or marijuana - on their own land.
So is the Constitution dead? Are all our rights gone? Do we live in a police state?
2006-11-28
08:47:50
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15 answers
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asked by
A_Patriot
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Politics & Government
➔ Other - Politics & Government
A couple of clarifications:
First, there was no evidence that Wickard had any intention of selling the wheat. The bread comment is a red herring. The major use of wheat on Wickard's farm was feeding livestock, which I'm certain would easily consume the excess - even if it weren't needed for next year's seed.
I am a little surprised that some answers seem to assume that unless something is "approved" by the state or federal government, it is illegal - a mindset that was quite common in the old Soviet Union. In fact, ELEVEN states have legalized medical marijuana (see http://www.drugwarfacts.org/medicalm.htm). The question is, does the Federal government have legitimate authority to ban it? Since the Constitution spells out ALL of the fedgov's powers, unless you can find the authority to regulate farming, or drugs in there, the government is acting UNCONSTITUIONALLY.
2006-11-28
09:17:37 ·
update #1
Did you read your own link? The government's quotas were to protect the market for other farmers and not induce surpluses to drive prices lower than what would be necessary to successfully maintain the farms. This is similar to monopoly laws. In the link you cited, the following statement was made:
"Roscoe Filburn exceeded his production quota by 239 excess bushels. To consume this amount in the form of bread, Mr. Filburn and his family would have had to consume nearly 44 one-pound loaves each day for the following year."
44 pounds a day of bread? Come on now. Filburn was obviously trying to capitalize on the free enterprize system at other farmers expense!!!
Had the government allowed Filburn to go unchecked, he would have saturated the local market with grain, lowering the price per bushel, allowing him to come out OK with his mass production but putting other farmers at risk as the excess supply would have driven the price too low for them to keep their farms running. They would have probably foreclosed, then Filburn would have a local monopoly on wheat grain in following years allowing him to sell for inflated price because his competition would have already been eliminated.
Police State? Not hardly! Your example clearly shows our government looking out for the people on a long-term basis.
2006-11-28 08:59:07
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answer #1
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answered by Anonymous
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If the government wants to regulate something, they will find and use whatever principles suit their position. Even if it conflicts with other parts of the Constitution. (Remember: 'consistency is the harbinger of small minds.')
Now, if the government could find a way to control *all* marijuana production and tax it like cigarettes, how long do you think it would take Congress to write legislation and the president to sign in?
As long as marijuana can be home-grown (or easily transported across the border) it will never be tolerated by the federal government.
The Federal government will always take powers from the States whenever Washington feels the need for control. In some cases, it's the right thing to do. (Ending slavery, for instance.)
2006-11-28 09:14:27
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answer #2
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answered by Tom-SJ 6
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We are showing the signs of a police state. I remember reading about Bush signing a bill that ignores the Posse Comitatus Act under a state of emergency. This act prohibits Federal military personnel and units of the United States National Guard under Federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress. The Posse Comitatus Act and the Insurrection Act substantially limit the powers of the Federal government to use the military for law enforcement.
Basically, Bush now has the power to declare martial law where he sees fit, and use the US military to carry it out.
People like yupchagee are either uneducated about these things or they are in denial - so they resort to the "tin foil hat" argument.
2006-11-28 09:05:33
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answer #3
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answered by Jerry H 5
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The Constitution isn't dead, but it's looking a bit green about the gills.
The government tells private businesses who they can hire, who they can serve, what goes on inside their businesses and what the private employment contract must be. Appalling.
The government schools prevent students from free practice and expression of religion, forbidding them from team prayers and from expressing their religious beliefs in speeches. An atrocious assault on the 1st Amendment.
Shall we talk about illegal searches, illegal seizures of private property in violation of the 4th amendment, and the welfare-state wealth transfers?
Yes, there is a whole range of rights and freedoms we've lost.
The saddest part is the left and the Democrat party, and even many or most Republicans fail to see this destruction of the Constitution.
2006-11-28 09:19:50
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answer #4
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answered by Anonymous
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Pretty advanced thinking for a pothead.
You can't grow marijuana. It's illegal. It's not a crop recognized by the Department of Agriculture. It has nothing to do with the Constitution. The Constitution is not dead. Your rights have not been violated. "We" do not live in a "police state". Obviously you have never been in one, or you would know the difference. Put down the bong and get out more often.
2006-11-28 08:54:52
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answer #5
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answered by happy heathen 4
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constructive I agree. Police, alot of them abuse their potential and authority. How with regard to the police/chief that killed 3 women human beings? additionally I fairly have seen different shows on television the situation regulation enforcement officers have staged the killing of their very own different halves. They beat human beings up, stated a element the situation a police officer slammed a teenage teen against a wall breaking his tooth because of the fact he spit on the floor. additionally in penal complicated the guards beat human beings up and lie with regard to the justifications. constructive i think of of that countless them have too plenty potential and that they abuse it, yet there are ones that don't do this too. undesirable regulation enforcement officers could be punished and not with a slap on the wrist the two.
2016-12-10 17:54:50
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answer #6
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answered by sherburne 4
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You're using a Supreme Court case from 1942 to argue whether the US is a police state now? Are you for real???
2006-11-28 09:11:48
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answer #7
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answered by Anonymous
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YOu wanna see a police state? Look at Cuba, North Korea, China, Iran, Syria, or Egypt. Go there and try to complain about the people in power, or make even a passing uncomplimentary comment about Islam or their Prophet. Let me know if you decide to put it to the test. I would love to see what happens.
2006-11-28 09:23:31
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answer #8
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answered by Mad Roy 6
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The recent trrends and trends since world war 2 actually have trampled upon the most sacred document in the US that being the consitution with its bill of rights, so yes we are certainly moving in that direction
2006-11-28 08:51:23
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answer #9
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answered by paulisfree2004 6
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MJ was on several state ballots in 2006 and got the snut bet out of it so it was a states right issue and it failed.
2006-11-28 08:57:14
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answer #10
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answered by Anonymous
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