thereisnospoon
Gold Member
From West's LawCalif. pot dispensaries told to shut down - US news - Crime & courts - msnbc.com
SAN FRANCISCO Federal prosecutors have launched a crackdown on pot dispensaries in California, warning the stores that they must shut down in 45 days or face criminal charges and confiscation of their property even if they are operating legally under the state's 15-year-old medical marijuana law
It seems that they are paying taxes, are responsible businesses operating within the laws of their State.
On the other hand, the Federal government won't try to prosecute anyone because of the fear of losing the case and thereby setting precedent.
That means this is simple harassment and potentially an illegal confiscation of personal property in violation of civil rights.
Im wondering about the conservative members on this board? How do you feel about the Federal Government stepping on the rights of States?
constitution.... supremacy clause......
Article VI, Section 2, of the U.S. Constitution is known as the Supremacy Clause because it provides that the "Constitution, and the Laws of the United States shall be the supreme Law of the Land." It means that the federal government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power.
Read more: Supremacy Clause: West's Encyclopedia of American Law (Full Article) from Answers.com
WHat you people who have no argument in furtherance of the Supremacy Clause fail on is this....The Tenth Amendment is specific on the powers of the federal government.
The Supremacy Clause applies ONLY to the powers granted to the federal government.
Clearly, the Supremacy Clause exists to "sew together" laws in the respective states which seek to accomplish the same thing, but are vague in nature and may be contradictory.
Also, these state laws may create a hodgepodge of regulations that are difficult to understand.
The key phrase in the Supremacy Clause is "exercising any of the powers enumerated in the Constitution"...Essentially the fact is the federal government cannot simply enact laws that the Constitution expressly prohibits. That is any action outsider the boundaries of "enumerated powers".
Be careful what you wish for.
If a totalitarian government is what you seek, may I remind you that there are many dictatorial and totalitarian states around the world. Pick one, let me know and I will help you pack. As a matter of fact I will buy your one way ticket. And as a condition of your dis-satisfaction, you may not return.
BYE!