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Originally posted by Jean Paul Zodeaux
...and for the second time now, neither I, nor anyone else in this thread has put words in your mouth, and I quoted you verbatim. If you can't take responsibility for your own words, then this is your problem, but disingenuously deflecting what you said, and claiming other I and other people are putting words in your mouth for taking you to task for the words you wrote, doesn't help your case.
Originally posted by Jean Paul Zodeaux
You brought up the issue of slavery, and used slavery as a justification for the prohibition of drugs by making the argument that these things happen because of the way "society" sees it. It is you making this argument and no one else. I told you from the get go it was a mistake to make the slavery analogy, and either you can own up to that mistake, or keep deflecting by insisting people are putting words in your mouth, but the more you insist on doing the latter, the worse it looks for you.
Originally posted by Jean Paul Zodeaux
I have pointed out that slavery was never, ever legal in the United States, and I made a strong case to support that, and instead of acknowledging that, you are still backpedaling claiming I have put words in your mouth. I have not. I continue to insist that slavery was never legal, and as a point of law, you are in error. Slavery was never condoned by legislation and it is a mistake to insist that it was once legal in the United States. The same goes for drug use and trafficking. Prior to prohibition legislative acts, narcotics was never condoned by legal fiat in the United States. It is an erroneous assertion to claim that narcotics was once legal. Narcotics was, prior to legislation prohibiting it, outside the purview of the law.
Originally posted by Jean Paul Zodeaux
You just don't want to admit that it was mistake using it as an example. Slavery was never, as you claim, legal in the United States. Slavery was not seen "as a good idea" by several of the original states in the Union, and as for the Southern states, not a single one had made it legal, and had instead ignored the legal issue, and left it outside the purview of the law.
Originally posted by Jean Paul Zodeaux
Marijuana has never been legal in the United States, and you will not find one single Act of Legislation to support your claim. Prior to legislation that either prohibited it, or taxed it, there was no legislation declaring it legal. It was outside the purview of the law until legislatures began taxing and prohibiting it. I took great care to provide the definition of legal, and you are ignoring this effort in order to keep making your claims. You are, as a point of law, in error.
Originally posted by Jean Paul Zodeaux
Because the inalienable right to do so was never questioned.
Originally posted by Jean Paul Zodeaux
You are ignoring the anti Mexican factor in terms of prohibition of marijuana in Utah in 1915 which had as much to do with the issue as anything else. More importantly, your premise is once again that laws can be made based upon the majority support of the population, which flies directly in the face of the republics established to prevent majorities from trampling over the rights of minorities and individuals. This is a disturbing pattern with you and what I am addressing, not your views on slavery, but your cavalier attitudes about the whimsical nature of legislatures.
Originally posted by Jean Paul Zodeaux
Stare decisis is a legal term which means "to stand by that which is decided". The Constitution has remained largely the same today as it was when it was written with only 27 Amendments added to that Constitution since it was written, and the first ten, being the Bill of Rights were added very shortly after it was written to make clear to the federal government that certain rights were not to be messed with. Among those Bill of Rights is the 9th Amendment which makes perfectly clear that rights not enumerated are still rights, and virtually all state Constitutions make the same assertion within their Declaration of Rights.
Originally posted by Jean Paul Zodeaux
Judicial Review in American jurisprudence is the legal concept that the courts have jurisdiction in weighing the constitutionality of legislation, and the power to strike down any legislation that does not conform with the Constitution.
Originally posted by Jean Paul Zodeaux
Your vague and cavalier language you are using to either state directly or imply that as long as a majority believes it is okay to enact a law this makes it fine and dandy, and there is nothing people can do about it except hope that social mores change in time is not at all an accurate reflection of American jurisprudence.
Originally posted by Jean Paul Zodeaux
Further, unless you can provide statistics showing that the majority of Americans supported slavery at the time of its founding, we have only your word to take that slavery was viewed as "a good idea" by "the people". Most people did not own slaves in America when it was founded.
Abolitionism is a movement to end human slavery.
In western Europe and the Americas abolitionism was a movement to end the slave trade and set slaves free. The slave system aroused little protest until the 17th century[citation needed] when Quaker and evangelical religious groups condemned it as un-Christian and the 18th century, when rationalist thinkers of the Enlightenment criticized it for violating the rights of man. Though anti-slavery sentiments were widespread by the late 18th century, they had little immediate effect on the centers of slavery: the West Indies, South America, and the Southern United States. The Somersett's case in 1772 that emancipated slaves in England, helped launch the movement to abolish slavery. Pennsylvania passed An Act for the Gradual Abolition of Slavery in 1780. Britain banned the importation of African slaves in its colonies in 1807, and the United States followed in 1808. Britain abolished slavery throughout the British Empire with the Slavery Abolition Act 1833, the French colonies abolished it 15 years later, while slavery in the United States was abolished in 1865 with the 13th Amendment to the U.S. Constitution.
Originally posted by Jean Paul Zodeaux
Even further, unless you can provide statistical data that shows that a vast majority of people supported drug prohibition laws when they were legislated, we still only have your word to take for it. Finding such statistical information will be difficult for you, but we can look at the history of the prohibition of alcohol and its subsequent repeal to know that most people did not support that prohibition, and we can further look at all the years of drug prohibition with many statistical reports citing that a huge percentage of the population has tried an illicit drug at least once, to know that prohibition of it is not as popular as you are suggesting it is.
Originally posted by Jean Paul Zodeaux
The United States of America was founded on the rejection of tyranny as a valid form of government and the Declaration of Independence written to justify the Revolution, made clear that usurpation's of government by tyrants was not acceptable. You can argue that the people want drug prohibition until the cows come home, more and more evidence is appearing that this is just not true, and the people want to end this drug war, and see a much saner policy in place. I suggest we find some common ground and discuss what that saner policy might be, instead of you defending whimsical legislation as an acceptable form of law.
You are going off on an issue and using it in the wrong context, and in the process you are quoting me without placing it in proper context. So yes, you are misleading in the response as to what I said and the context it ws meant in.
Slavery was a contentious issue in the politics of the United States from the 1770s through the 1860s, becoming a topic of debate in the drafting of the Constitution; a subject of Federal legislation such as the ban on the trans-Atlantic slave trade and the Fugitive Slave Act of 1850; and a subject of landmark Supreme Court cases, such as the Dred Scott decision. Slaves resisted the institution through rebellions and non-compliance, and escaped it through travel to non-slave states and Canada, facilitated by the Underground Railroad. Advocates of abolitionism engaged in moral and political debates, and encouraged the creation of Free Soil states as Western expansion proceeded.
Of the 27 million whites counted in the 1860 census, 8 million lived in the slave owning states of the South. Of these, 385,000 owned slaves. Statistically, 4.8% of all Southern whites owned slaves. When factored by the entire population, 1.4% of all United States whites were slave owners. The Gone With the Wind notion that most Southerners owned large numbers of slaves and lived in huge plantations is a myth. Read more at Suite101: The 1860 Census and Slavery in the United States: Interpreting Census Data and Research on Pre-Civil War Slavery www.suite101.com...
I brought up the societal change slavery had. I never used slavery as a justification for anything, so please go back and read what I type. I was drawing parallels to what a society has to do to move an issue that was once considered legal/illegal to the opposite spectrum.. I also brought up civil rights, gays, etc to show the same societal changes were present.
Then you need to go back and brush up on US history. Before we became a nation, we were under British, and Spanish Rule (Florida) where slavery was legal by both countries, which at the time meant our colonies. When we had our war of insurrection, only the Federal Government was set up. The argument was to abolish slavery. The South took issues with this because unlike the North, which was industrialized, the South was still agricultural, and their livelihood was dependent upon this.
Section 9: The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
If slavery were already illegal as you are claiming, why the need to out law it?
Paragraph I. Life, liberty, and property.
No person shall be deprived of life, liberty, or property except by due process of law.
Section 1. Equality and rights of men.
That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Section 1. The equality and rights of persons.
We hold it to be self-evident that all persons are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness.
Why did we fight the civil war?
Also, when we ceded from England, what laws do you think we were using?
We continued to use English Common Law, and we still use it to this day (except for Louisiana).
The only error in judgment I made was the assumption people would A; Understand their countries History
B. See the Societal change argument and understand it
C. Use common sense to apply it to how society viewed drugs, how they view it now, and see the societal change in progress.
D. The descriptions are valid, and I would use these historical comparisons as they are key in understanding how a society develops morals / beliefs / what have you in order to effect change in a society that that is fearful of change.
Where are you coming up with this stuff? It was legal to possess, sell and smoke in the United States, as well as the colonies while we were singing God Save the Queen. In the early colonies not growing it could land you in trouble. Back then, in addition to just smoking it, it was used for other key things at the time, like rope, cloth etc.
Just because there is not a law that makes it legal, doesn't make it illegal either.
And I would point out that at the State level, you did not share have these rights. The Bill of rights did not start to apply to the States, and the citizens of those states, until 1833. Recently the 2nd amendment was finally applied to the individual in 2009. Again, societal change on an issue people are divided over.
SEC. 23. Every citizen has a right to bear arms in defence of himself and the State.
26. Bearing arms Section 26. The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.
The citizens of this State shall have the right to keep and bear arms, for their common defense. Read more: vlex.com...
§ 19. Right to Keep and Bear Arms
§ 20. Right to keep and bear arms. Section 20. A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.
and you are ignoring the fact the laws were passed by American Citizens, and not the Mexican nationals they are referring to.
In Utah, for example, the nation's first statewide prohibition of marijuana 14 in 1915 was attended by little publicity. The combination of increasing Mexican immigration and the traditional aversion of the Mormons to euphoriants of any kind16 led inevitably to the inclusion of marijuana in the state's omnibus narcotics and pharmacy bill.
You go on to prove my point about how societal change happens, in the manner it happens, and how it changes over time. California outlawed it for other reasons, but most states followed suit with Utah.
Correct, which supports my argument about slavery, the Souths economy, and the Civil war.
Also again I point out the Bill of Rights did not officially apply to the states until 1833, and from that point out it was through legal cases.
The 14th amendment, equal protection under the law, was passed in 1866, applying the bulk of the remaining amendments to the states.
You kind of defeat your own argument here since the Judicial Branch was never given the authority of Judicial review. The court took that power and no one stopped them, and I am glad that happened because Its invaluable.
At the time the laws were passed to outlaw Marijuana, there were no Federal Laws in place, so by extension its up to the states.
We see this exact argument today in the West, with the States where their citizens have allowed marijuana, and the Federal Government trying to assert its authority to control it through the CSA, Commerce Clause and the Supremacy clause.
If it goes to the USSC I do not expect the Federal Government to win, as I feel this is a states right issue.
Go back and read what i'm saying. I am not saying the action were right, I am saying at the time, it is what it is. The Majority of people wanted things one way, the minority did not, and in the end majority ruled.
To go further though, you can take notice that the majority of Americans in the Southern States did not want Blacks to go to school, eat, ride with etc blacks.
The Federal Government took exception to this, passed laws and told the South to sit down and shut up.
So yes, even when the majority of people approve it for whatever reason, does not always mean the majority rules. The key in this though, is the majority ruled to get it in the first place.
Best I can do at a moments notice - Aboliionism
Again correct. An amendment was passed by the Government that the people did not agree with, and in the end, the citizens won, zn the amendment was repealed. As far as stats go I am not finding any. When I do I will make a separate post for you. Most of the info I come across states the majority of the citizens in Utah, IE Mormons, passed it.
Again I have no idea what the heck you are talking about. I have stated many times that the drug laws need to be revamped, with Marijuana being decriminalized along with a few other drugs but not all of them.
Its evident the people are wanting change, as we see out west. I also stated that this issue will eventually come to the USSC with the conflict being States Rights over Federal Government Laws on the matter.
I think their is a majority of Americans who support the Marijuana issue. As for Meth, Cocaine, PCP, ecstasy etc I am not seeing an overwhelming voice of the people shouting for change on these types of drugs. If you have stats that say otherwise post em.
Thanks and Good night.
Smoking marijuana does not cause any other person harm and as such is a right and does not need any "decriminalization". Shooting up; heroin, as stupid as that may be, does not cause other people harm, and as such, is an inalienable right. Using "meth", as stupid as that may be, does not, in and of itself, cause any other person harm, and as such is an inalienable right. Because they are rights, no government, regardless of the support it may have from a majority, has the legal right to impair or deny those rights.
Originally posted by Xcathdra
It is in reference to drugs, and not the wholesale slaughter of people, groups etc. There is a difference between the 2, and this is no longer the 1930-40's.
Originally posted by Maslo
All these are PREVENTIVE laws which prevent you from being able to harm others, even if you have not harmed anyone yet by breaching them. And I see nothing wrong with them. By your logic, we should abolish all mentioned preventive regulations because noone was harmed yet when the crime happened. Is that what you are advocating?
Originally posted by Jezus
Originally posted by Xcathdra
It is in reference to drugs, and not the wholesale slaughter of people, groups etc. There is a difference between the 2, and this is no longer the 1930-40's.
There is a difference.
But putting millions of innocent people in prison and ruining their live is an atrocity.
BJS has issued a data advisory on the State Court Processing Statistics Data Limitations. The advisory describes limitations of the data collection that must be considered when analyzing SCPS data, drawing any conclusions based on the data, and citing BJS reports.
Felony defendants
* In the nation's 75 largest counties, an estimated 58,100 defendants were charged with a felony offense in 2006.
* More than three-fourths of felony defendants had a prior arrest history, with 69% having multiple prior arrests.
* Fifty-eight percent of felony defendants in the nation's 75 largest counties were released prior to adjudication and about a third of the released defendants committed some form of pretrial misconduct.
* About two-thirds of felony defendants were eventually convicted and more than 95% of these convictions occurred through a guilty plea.
* Seventy percent of defendants convicted were incarcerated in a state prison or local jail. Felony convictions
* State and federal courts convicted a combined total of nearly 1,145,000 adults of felonies in 2004. Of these felony convictions, an estimated 1,079,000 adults were convicted in state courts and 66,518 were convicted in federal courts, accounting for 6% of the national total.
* In 2004, 70% of all felons convicted in state courts were sentenced to a period of confinement in a state prison (40%) or a local jail (30%).
Jail sentences are short-term confinement (usually less than 1 year) in a county or city facility. Prison sentences are long-term confinement (usually 1 year or more) in a state facility.
* Prison sentences handed down by state courts in 2004 averaged almost 5 years .
Year Felony Convictions Percentage Incarcerated Non-Incarcerated
1990 829340 71% 29%
1994 872220 71 29
1998 927720 68 32
2002 1051000 69 31
2006 1132290 69 31
Shooting up heroin or meth is not a crime. Posessing heroin and meth without proper license is a crime, because it may lead to criminal behaviour and cause harm to others.
Just like manufacturing of poisons and dangerous chemicals without license is a crime, posessing full-auto or military weapons without license is a crime even if you harmed noone with them yet, driving a car wihout license is a crime, speeding is a crime, threatening, regulation of banks and accounting and so on.
All these are PREVENTIVE laws which prevent you from being able to harm others, even if you have not harmed anyone yet by breaching them. And I see nothing wrong with them.
By your logic, we should abolish all mentioned preventive regulations because noone was harmed yet when the crime happened. Is that what you are advocating?
Originally posted by Xcathdra
Originally posted by Jezus
Originally posted by Xcathdra
It is in reference to drugs, and not the wholesale slaughter of people, groups etc. There is a difference between the 2, and this is no longer the 1930-40's.
There is a difference.
But putting millions of innocent people in prison and ruining their live is an atrocity.
Please point out where under current law they are innocent? The people who did the drugs knew the consequences, and in the end decided to do a drug that was illegal.
Originally posted by Xcathdra
When drug laws are changed, you can make the argument innocent lives were destroyed. Until that time, it is what it is.