| Mark Probert 2006-08-01, 9:26 pm |
| awthrawthr@yahoo.com wrote:
> Mark Probert wrote:
>
> Is it the 4th Amendment that protects a citizen's PERSON and papers
> from unreasonable search? If one accepts emanating penumbras, which at
> present the Supreme Court does indeed, private medical decisions are
> just that.
With numerous exceptions where the health and life of a child is in issue.
>
> Sheesh, you are not a very good lawyer. The US Constitution has been
> used to limit state police powers time and again for actions far more
> trivial than seizing a person against their will for the purpose of
> forcing a particular brand of drugs on them.
I recognize that the courts have limited the police power in several
ways. The question is whether they have limited the police power in this
situation so that the court overstepped.
>
> The Commerce Clause has been wildly abused by the Supreme Court of
> late...no argument there. That clause could be used to stop or force
> just about anything at this point. Didn't they most recently decide
> that people couldn't use marijuana for nausea, glaucoma etc because it
> interfered with the Commerce Clause?
I did not read or follow that case closely. However, I believe that they
used the CC to hold that Federal law is controlling, since these
substances affect interstate commerce.
BTW, I disagreed with the decision and support the use of medical
marijuana. I have an old friend with serious Crohn's disease who only
gets relief from smoking.
[vbcol=seagreen]
>
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