Closing the Isle on 1 issue.

**SmokenScion** · 05-22-13, 03:34 PM

States Rights.
Barry Friedman: Guns, Pot and States Rights

Still, Kansas may be on to something. As the brewing collision of federal and state marijuana laws makes clear, there has to be some room for the states to have a say in what goods their citizens can possess and use. Eighteen states have legalized marijuana for medical purposes, and Washington and Colorado just did so even for recreational use. The problem is, what Colorado allows, federal law prohibits. Can the states opt-out from the federal laws? The Justice Department's position on these state laws has been murky and inconsistent.The problem Kansas faces is that its approach is based on an outmoded understanding of Congress's powers under the Constitution. You might wonder why it is that Kansas sought to defy federal law only with regard to guns made in Kansas and possessed in Kansas. The reason has to do with the part of the Constitution that arguably grants Congress the power to regulate guns in the first place.

The only way Congress can get its hands on Kansas's guns, or California's pot, is by using its power under the Commerce Clause, which allows it "to regulate... Commerce among the several States." Kansas's argument is that it is not commerce "among" the several states if the guns Kansans use were made there and stay there. That's intrastate commerce, not interstate commerce, and Congress can only regulate the latter.

Whether its Guns or Pot or Prayer in School, States rights are something we can all get behind.

**deathgodusmc** · 05-22-13, 04:01 PM

Props for thinking outside the box.

**SmokenScion** · 05-22-13, 04:13 PM

Originally Posted by deathgodusmc

Props for thinking outside the box.

Thanks, If you could see inside my head, thats all I think about "inside of Box" Lol.

**Gumby** · 05-22-13, 04:53 PM

No part of the Constitution has been more abused than the Interstate Commerce clause.

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**SpecOpsScott** · 05-22-13, 05:20 PM

Originally Posted by SmokenScion

Whether its Guns or Pot or Prayer in School, States rights are something we can all get behind.

Id like to think so.

**SpecOpsScott** · 05-22-13, 05:21 PM

Originally Posted by SmokenScion

Thanks, If you could see inside my head, thats all I think about "inside of Box" Lol.

I lose bowel control just thinking about getting inside your head.

**Bubbasam** · 05-22-13, 06:39 PM

Originally Posted by SpecOpsScott

I lose bowel control just thinking about getting inside your head.

Now that right there is funny!! I'm very glad I finished drinking my mouth full of beer before reading this, or I might have sprayed it all over my monitor.