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	<title>Comments on: Au Contraire, Mr. Holder!</title>
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		<title>By: &#187; Au Contraire, Mr. Holder!</title>
		<link>http://tenthamendmentcenter.com/2010/03/09/au-contraire-mr-holder/comment-page-1/#comment-904865</link>
		<dc:creator>&#187; Au Contraire, Mr. Holder!</dc:creator>
		<pubDate>Thu, 08 Dec 2011 03:36:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=5078#comment-904865</guid>
		<description><![CDATA[[...] Au Contraire, Mr. Holder! [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Au Contraire, Mr. Holder! [...]</p>
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		<title>By: Tenth Amendment Center &#124; The Ruthless Truth blog</title>
		<link>http://tenthamendmentcenter.com/2010/03/09/au-contraire-mr-holder/comment-page-1/#comment-309520</link>
		<dc:creator>Tenth Amendment Center &#124; The Ruthless Truth blog</dc:creator>
		<pubDate>Thu, 11 Mar 2010 20:38:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=5078#comment-309520</guid>
		<description><![CDATA[[...] Au Contraire, Mr. Holder! [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Au Contraire, Mr. Holder! [...]</p>
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		<title>By: timothy.reeves</title>
		<link>http://tenthamendmentcenter.com/2010/03/09/au-contraire-mr-holder/comment-page-1/#comment-309469</link>
		<dc:creator>timothy.reeves</dc:creator>
		<pubDate>Thu, 11 Mar 2010 07:22:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=5078#comment-309469</guid>
		<description><![CDATA[BTW the supremacy clause specified that all laws made in pursuance of the constitution will be the supreme law of the land.  It is also clear on what laws the federal government can write in article 1 section8, so if there is no clear enumerated authority for a law to be written (that they have already been written, and passed not withstanding), then the federal laws claim to be supreme are a fallacy..  They are not the supreme law of the land, and are illegal to enforce against state law. ]]></description>
		<content:encoded><![CDATA[<p>BTW the supremacy clause specified that all laws made in pursuance of the constitution will be the supreme law of the land.  It is also clear on what laws the federal government can write in article 1 section8, so if there is no clear enumerated authority for a law to be written (that they have already been written, and passed not withstanding), then the federal laws claim to be supreme are a fallacy..  They are not the supreme law of the land, and are illegal to enforce against state law. </p>
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		<title>By: theunknownamerican</title>
		<link>http://tenthamendmentcenter.com/2010/03/09/au-contraire-mr-holder/comment-page-1/#comment-309468</link>
		<dc:creator>theunknownamerican</dc:creator>
		<pubDate>Thu, 11 Mar 2010 07:21:47 +0000</pubDate>
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		<description><![CDATA[I&#039;m waiting for a drug dealer to use the tenth amendment as a legal defense.   I believe he would have a hard time making his argument since most people are anti-drug even though the drug dealer would be constitutionally correct. ]]></description>
		<content:encoded><![CDATA[<p>I&#039;m waiting for a drug dealer to use the tenth amendment as a legal defense.   I believe he would have a hard time making his argument since most people are anti-drug even though the drug dealer would be constitutionally correct. </p>
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		<title>By: theunknownamerican</title>
		<link>http://tenthamendmentcenter.com/2010/03/09/au-contraire-mr-holder/comment-page-1/#comment-309423</link>
		<dc:creator>theunknownamerican</dc:creator>
		<pubDate>Thu, 11 Mar 2010 06:00:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=5078#comment-309423</guid>
		<description><![CDATA[In order to get an explanation of why politicians do that you will have to read 1984 which is a fictional world on what totalitarianism would look like.   In explains all the tactics the leaders used to manipulate the people like &#039;hate week&#039;, &#039;double-speak&#039;, &#039;newspeak&#039;, &#039;polspeak&#039;, and creating a continous state of war.  
 
When I read that it made me think about what our current elected officials do.    ]]></description>
		<content:encoded><![CDATA[<p>In order to get an explanation of why politicians do that you will have to read 1984 which is a fictional world on what totalitarianism would look like.   In explains all the tactics the leaders used to manipulate the people like &#39;hate week&#39;, &#39;double-speak&#39;, &#39;newspeak&#39;, &#39;polspeak&#39;, and creating a continous state of war.  </p>
<p>When I read that it made me think about what our current elected officials do.    </p>
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		<title>By: B. Johnson</title>
		<link>http://tenthamendmentcenter.com/2010/03/09/au-contraire-mr-holder/comment-page-1/#comment-309432</link>
		<dc:creator>B. Johnson</dc:creator>
		<pubDate>Thu, 11 Mar 2010 00:58:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=5078#comment-309432</guid>
		<description><![CDATA[There are several constitutional problems with Wickard, Gonzales and other such cases, IMO.

First, Jefferson used the word &quot;exclusively&quot; when describing state legislative power to regulate intrastate commerce.

â€œFor the power given to Congress by the Constitution does not extend to the internal regulation of the commerce of a State, (that is to say of the commerce between citizen and citizen,) which remain exclusively with its own legislature; but to its external commerce only, that is to say, its commerce with another State, or with foreign nations, or with the Indian tribes.â€ â€“Thomas Jefferson, Jeffersonâ€™s Opinion on the Constitutionality of a National Bank : 1791. http://avalon.law.yale.edu/18th_century/bank-tj.asp

And I agree with Jefferson that there is no reason for constitutionally-limited Congress to stick its big nose into intrastate commerce.

Next, regarding cases like Wickard, an examination of FDR-era case opinions indicates the following.  FDRâ€™s puppet justices scandalously ignored state sovereignty statutes like Article V and the 10th A. when they decided cases which tested Congress&#039;s constitutional limits.  This is evidenced by the following statement from Wickard where special-interest justices practically treated state sovereignty like a wiveâ€™s tale, IMO.

&quot;In discussion and decision, the point of reference, instead of being what was &quot;necessary and proper&quot; to the exercise by Congress of its granted power, was often some concept of sovereignty thought to be implicit in the status of statehood.&quot; --Justice Jackson(?), Wickard v. Filburn, 1942. http://supreme.justia.com/us/317/111/case.html

But the truth concerning state sovereignty is this.  Contrary to todayâ€™s PC idea that USSC case decisions are final, when state lawmakers still understood state sovereignty, they would use their unique, Article V power to â€œoverruleâ€ unpopular USSC decisions.  The 11th and 16th Amendments are examples of this, kind of.

The bottom line is that corrupt justices have scandalously ignored the following constitutionally-based rules which should apply in most cases where there&#039;s a conflict between federal and state powers.

Rule #1: The states are always right
Rule #2: When the states are wrong, see rule #1

Finally, regarding medical cannabis, the USSC has already decided that Congress cannot practice medicine.

â€œDirect control of medical practice in the states is obviously beyond the power of Congress.â€ â€“Linder v. United States, 1925. http://supreme.justia.com/us/268/5/case.html

The bottom line is this, IMO.  Not only are cannibas growers evidently not familiar with state sovereignty, but they are unsurprisingly helping to elect constitutionally inept state lawmakers who are stupidly bowing down to the state-established federal government as if the federal government was an idol.

What a mess! :^(]]></description>
		<content:encoded><![CDATA[<p>There are several constitutional problems with Wickard, Gonzales and other such cases, IMO.</p>
<p>First, Jefferson used the word &#8220;exclusively&#8221; when describing state legislative power to regulate intrastate commerce.</p>
<p>â€œFor the power given to Congress by the Constitution does not extend to the internal regulation of the commerce of a State, (that is to say of the commerce between citizen and citizen,) which remain exclusively with its own legislature; but to its external commerce only, that is to say, its commerce with another State, or with foreign nations, or with the Indian tribes.â€ â€“Thomas Jefferson, Jeffersonâ€™s Opinion on the Constitutionality of a National Bank : 1791. <a href="http://avalon.law.yale.edu/18th_century/bank-tj.asp" rel="nofollow">http://avalon.law.yale.edu/18th_century/bank-tj.asp</a></p>
<p>And I agree with Jefferson that there is no reason for constitutionally-limited Congress to stick its big nose into intrastate commerce.</p>
<p>Next, regarding cases like Wickard, an examination of FDR-era case opinions indicates the following.  FDRâ€™s puppet justices scandalously ignored state sovereignty statutes like Article V and the 10th A. when they decided cases which tested Congress&#8217;s constitutional limits.  This is evidenced by the following statement from Wickard where special-interest justices practically treated state sovereignty like a wiveâ€™s tale, IMO.</p>
<p>&#8220;In discussion and decision, the point of reference, instead of being what was &#8220;necessary and proper&#8221; to the exercise by Congress of its granted power, was often some concept of sovereignty thought to be implicit in the status of statehood.&#8221; &#8211;Justice Jackson(?), Wickard v. Filburn, 1942. <a href="http://supreme.justia.com/us/317/111/case.html" rel="nofollow">http://supreme.justia.com/us/317/111/case.html</a></p>
<p>But the truth concerning state sovereignty is this.  Contrary to todayâ€™s PC idea that USSC case decisions are final, when state lawmakers still understood state sovereignty, they would use their unique, Article V power to â€œoverruleâ€ unpopular USSC decisions.  The 11th and 16th Amendments are examples of this, kind of.</p>
<p>The bottom line is that corrupt justices have scandalously ignored the following constitutionally-based rules which should apply in most cases where there&#8217;s a conflict between federal and state powers.</p>
<p>Rule #1: The states are always right<br />
Rule #2: When the states are wrong, see rule #1</p>
<p>Finally, regarding medical cannabis, the USSC has already decided that Congress cannot practice medicine.</p>
<p>â€œDirect control of medical practice in the states is obviously beyond the power of Congress.â€ â€“Linder v. United States, 1925. <a href="http://supreme.justia.com/us/268/5/case.html" rel="nofollow">http://supreme.justia.com/us/268/5/case.html</a></p>
<p>The bottom line is this, IMO.  Not only are cannibas growers evidently not familiar with state sovereignty, but they are unsurprisingly helping to elect constitutionally inept state lawmakers who are stupidly bowing down to the state-established federal government as if the federal government was an idol.</p>
<p>What a mess! :^(</p>
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		<title>By: unknown</title>
		<link>http://tenthamendmentcenter.com/2010/03/09/au-contraire-mr-holder/comment-page-1/#comment-309421</link>
		<dc:creator>unknown</dc:creator>
		<pubDate>Wed, 10 Mar 2010 22:35:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=5078#comment-309421</guid>
		<description><![CDATA[Are you saying the general welfare clause applies to the government of the United States and not to unlimited spending programs for the people?  If so, then I would agree with you that the general welfare clause is meant for the existing powers of the United States.   ]]></description>
		<content:encoded><![CDATA[<p>Are you saying the general welfare clause applies to the government of the United States and not to unlimited spending programs for the people?  If so, then I would agree with you that the general welfare clause is meant for the existing powers of the United States.   </p>
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		<title>By: Guest</title>
		<link>http://tenthamendmentcenter.com/2010/03/09/au-contraire-mr-holder/comment-page-1/#comment-309379</link>
		<dc:creator>Guest</dc:creator>
		<pubDate>Wed, 10 Mar 2010 14:05:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=5078#comment-309379</guid>
		<description><![CDATA[John: 
 
Agreed.  If you could get Holder to answer and to only answer &quot;yes&quot; or &quot;no&quot;, you could walk him down the primrose path to his logical doom.  
 
I&#039;ve noticed politicians are not very good at giving yes or no answers.  You can&#039;t even get them to agree on the meaning of the word &#039;is&#039; (as someone else noted here). 
 
I believe politics has become a process that selects for people who are unfailingly ambitious and narcissistic.  A normal, mentally healthy, well-adjusted person would not be interested in running for office and dealing with the B.S.  As far as I can tell, Ron Paul is an exception but he is as rare as hen&#039;s teeth (whatever that means!)  :  ) ]]></description>
		<content:encoded><![CDATA[<p>John: </p>
<p>Agreed.  If you could get Holder to answer and to only answer &quot;yes&quot; or &quot;no&quot;, you could walk him down the primrose path to his logical doom.  </p>
<p>I&#039;ve noticed politicians are not very good at giving yes or no answers.  You can&#039;t even get them to agree on the meaning of the word &#039;is&#039; (as someone else noted here). </p>
<p>I believe politics has become a process that selects for people who are unfailingly ambitious and narcissistic.  A normal, mentally healthy, well-adjusted person would not be interested in running for office and dealing with the B.S.  As far as I can tell, Ron Paul is an exception but he is as rare as hen&#039;s teeth (whatever that means!)  :  ) </p>
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		<title>By: Guest</title>
		<link>http://tenthamendmentcenter.com/2010/03/09/au-contraire-mr-holder/comment-page-1/#comment-309378</link>
		<dc:creator>Guest</dc:creator>
		<pubDate>Wed, 10 Mar 2010 14:01:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=5078#comment-309378</guid>
		<description><![CDATA[Michael 
 
Yes, Raich was more bad news, as usual, from the USSC.  Scalia made a run at holding back the commerce clause through the necessary and proper clause but, frankly, that logic is just as weak as Wickard&#039;s.  Once you agree that Congress can regulate anything that has an impact on commerce, you&#039;re toast.  You might as well give up and just say Congress can regulate anything it wants. That&#039;s how Pelosi, et al see it today. 
 
As &#039;unknown&#039; (above) says, it doesn&#039;t even slow them down that this analysis completely wipes out vast parts of the Constitution such as the 10th amendment.  It&#039;s result-driven analysis. 
 
Also, the fealty to precedent under the specious concept of stare decisis makes for such asinine opinions as Raich where Wickard is elevated to the status of binding law even though it was wrongly decided.  Opinions such as Dred Scott and Wickard are clearly wrong and brave people need to just stand up, say they&#039;re wrong and overrule their holdings. 
 
It&#039;s amazing how, everywhere you turn, there&#039;s yet another string of bad logic supporting this system that has moved SO FAR from its original design! ]]></description>
		<content:encoded><![CDATA[<p>Michael </p>
<p>Yes, Raich was more bad news, as usual, from the USSC.  Scalia made a run at holding back the commerce clause through the necessary and proper clause but, frankly, that logic is just as weak as Wickard&#039;s.  Once you agree that Congress can regulate anything that has an impact on commerce, you&#039;re toast.  You might as well give up and just say Congress can regulate anything it wants. That&#039;s how Pelosi, et al see it today. </p>
<p>As &#039;unknown&#039; (above) says, it doesn&#039;t even slow them down that this analysis completely wipes out vast parts of the Constitution such as the 10th amendment.  It&#039;s result-driven analysis. </p>
<p>Also, the fealty to precedent under the specious concept of stare decisis makes for such asinine opinions as Raich where Wickard is elevated to the status of binding law even though it was wrongly decided.  Opinions such as Dred Scott and Wickard are clearly wrong and brave people need to just stand up, say they&#039;re wrong and overrule their holdings. </p>
<p>It&#039;s amazing how, everywhere you turn, there&#039;s yet another string of bad logic supporting this system that has moved SO FAR from its original design! </p>
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		<title>By: Greg</title>
		<link>http://tenthamendmentcenter.com/2010/03/09/au-contraire-mr-holder/comment-page-1/#comment-309341</link>
		<dc:creator>Greg</dc:creator>
		<pubDate>Wed, 10 Mar 2010 04:58:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=5078#comment-309341</guid>
		<description><![CDATA[I do not believe the Feds will ever back down. Not until the States Legislatures threaten the Feds. The ongoing problem we&#039;ve had with the FEDS has been working itself for how long? From my understanding, States Power needs to really kick the door down. We all want a peaceful solution but I do not believe there ever will be. Those in DC are in a different frame mind and will never change. Something else unseen and invisible is making policy forcing our elected public officials to do other than what we ask. This attitude they have in DC is very destructive upon our Nation. Its not just cannabis but the Bankers, the Fed Reserve and others involved in a huge Betrayal upon the American People. My answer is for all States to completely stop sending Federal income tax money to them. States need to stop asking for help from DC as well. This is true Leadership with Vision. Fear is in the hearts I know in the men and women in State Legislatures. I do not truly believe they all have what it takes to be American Patriots as our Forefathers were. They do not know what true sacrifice means. You all keep on wasting your time fighting and taking the Feds to court. Nothing will happen til the States stand up and REALLY protect their people. The Federal Government is our Servant. This needs to always be made public.  ]]></description>
		<content:encoded><![CDATA[<p>I do not believe the Feds will ever back down. Not until the States Legislatures threaten the Feds. The ongoing problem we&#039;ve had with the FEDS has been working itself for how long? From my understanding, States Power needs to really kick the door down. We all want a peaceful solution but I do not believe there ever will be. Those in DC are in a different frame mind and will never change. Something else unseen and invisible is making policy forcing our elected public officials to do other than what we ask. This attitude they have in DC is very destructive upon our Nation. Its not just cannabis but the Bankers, the Fed Reserve and others involved in a huge Betrayal upon the American People. My answer is for all States to completely stop sending Federal income tax money to them. States need to stop asking for help from DC as well. This is true Leadership with Vision. Fear is in the hearts I know in the men and women in State Legislatures. I do not truly believe they all have what it takes to be American Patriots as our Forefathers were. They do not know what true sacrifice means. You all keep on wasting your time fighting and taking the Feds to court. Nothing will happen til the States stand up and REALLY protect their people. The Federal Government is our Servant. This needs to always be made public.  </p>
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