View Single Post
Old Jan 16, 2005, 03:18 am   #209 (permalink) (top)
Waychel
Supercalifragilistic
 
Waychel's Avatar
 
Posts: 431
I don't know where your information is from, but I believe either it or your interpretation to be incorrect. The right to regulate commerce and trade is an enumerated power retained by our government within the Commerce Clause of the constitution.

"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."

What this means is that if a power is delegated to the United States (federal government) by the constitution, then the United States adopts legislation in the exercise of that power. Assuming that federal regulation does not entirely occupy the field, it is ONLY THEN that the tenth amendment awards some degree of state regulation to be permitted "by the people" -- provided that it does not conflict with the federal regulation. However, one of those "powers" happens to be Article 1 Section 8 of the Constitution, which stipulates that the government owns claim to "the regulation of commerce with foreign Nations, among the States of the union, and with Indian Tribes."

Commerce power is frequently cited as allowing the federal regulation of goods traded in interstate commerce; Marijuana being no exception to this. Also worth mentioning is that under the Supremacy Clause of the constitution, in the event of a conflict between state and federal law, the federal regulation will prevail. So, even if a state were to legalize marijuana, the government's word -- not the people's -- would be the final say in the matter.
Waychel is offline   Reply With Quote