California AG has issued a warning to California employers/citizens that
they will be prosecuted if they comply with Federal laws or assist
Federal law enforcement agencies (ICE) in the enforcement of Federal
laws governing illegal aliens.

Must be something in the water out there.

On Fri, 19 Jan 2018 20:19:37 -0500, "Mr. Luddite"
wrote:


California AG has issued a warning to California employers/citizens that
they will be prosecuted if they comply with Federal laws or assist
Federal law enforcement agencies (ICE) in the enforcement of Federal
laws governing illegal aliens.

Must be something in the water out there.


I am really getting anxious to watch the upcoming 10th amendment case
that will be coming out of the west. All of these pot smoking, alien
sanctuary states are lining up for a hell of a battle and I really
want to see it play out.
Go Jeff Go ;-)
I know the Nixon era drug laws are on shaky constitutional grounds and
they may even have a good case on the sanctuaries as long as the feds
can't demonstrate interstate trafficking of illegals. The open
question is how far ranging would that decision be if the feds lose.
Is GCA 68 in trouble? What other federal laws might fall?
Things like NFA34 probably survive because that is actually a "tax"
law, not a ban and the constitution gives the feds the power to tax.
They might even drag up and reinstate the original 1937-1969 marijuana
law, that was also a tax law and let the feds cash in on that emerging
market too. To be legal, they would actually have to sell the stamps
tho (much like Harry's suppressor stamp).
Immigration is really the wild card since it is really not addressed
in the constitution at all beyond how you get to be a US citizen.
The feds might end up losing all powers except right at the border.

wrote:
On Fri, 19 Jan 2018 20:19:37 -0500, "Mr. Luddite"
wrote:


California AG has issued a warning to California employers/citizens that
they will be prosecuted if they comply with Federal laws or assist
Federal law enforcement agencies (ICE) in the enforcement of Federal
laws governing illegal aliens.

Must be something in the water out there.


I am really getting anxious to watch the upcoming 10th amendment case
that will be coming out of the west. All of these pot smoking, alien
sanctuary states are lining up for a hell of a battle and I really
want to see it play out.
Go Jeff Go ;-)
I know the Nixon era drug laws are on shaky constitutional grounds and
they may even have a good case on the sanctuaries as long as the feds
can't demonstrate interstate trafficking of illegals. The open
question is how far ranging would that decision be if the feds lose.
Is GCA 68 in trouble? What other federal laws might fall?
Things like NFA34 probably survive because that is actually a "tax"
law, not a ban and the constitution gives the feds the power to tax.
They might even drag up and reinstate the original 1937-1969 marijuana
law, that was also a tax law and let the feds cash in on that emerging
market too. To be legal, they would actually have to sell the stamps
tho (much like Harry's suppressor stamp).
Immigration is really the wild card since it is really not addressed
in the constitution at all beyond how you get to be a US citizen.
The feds might end up losing all powers except right at the border.


I think somewhere it states immigration is a Federal jurisdiction. One of
the basic powers of the Feds. Pot, etc. has been taken over as an
interstates commerce item. Even if not crossing state borders, which puts
it on really thin ice.

On Sat, 20 Jan 2018 05:21:46 -0000 (UTC), Bill
wrote:

wrote:
On Fri, 19 Jan 2018 20:19:37 -0500, "Mr. Luddite"
wrote:


California AG has issued a warning to California employers/citizens that
they will be prosecuted if they comply with Federal laws or assist
Federal law enforcement agencies (ICE) in the enforcement of Federal
laws governing illegal aliens.

Must be something in the water out there.


I am really getting anxious to watch the upcoming 10th amendment case
that will be coming out of the west. All of these pot smoking, alien
sanctuary states are lining up for a hell of a battle and I really
want to see it play out.
Go Jeff Go ;-)
I know the Nixon era drug laws are on shaky constitutional grounds and
they may even have a good case on the sanctuaries as long as the feds
can't demonstrate interstate trafficking of illegals. The open
question is how far ranging would that decision be if the feds lose.
Is GCA 68 in trouble? What other federal laws might fall?
Things like NFA34 probably survive because that is actually a "tax"
law, not a ban and the constitution gives the feds the power to tax.
They might even drag up and reinstate the original 1937-1969 marijuana
law, that was also a tax law and let the feds cash in on that emerging
market too. To be legal, they would actually have to sell the stamps
tho (much like Harry's suppressor stamp).
Immigration is really the wild card since it is really not addressed
in the constitution at all beyond how you get to be a US citizen.
The feds might end up losing all powers except right at the border.


I think somewhere it states immigration is a Federal jurisdiction.

In "Powers Granted to Congress
Article I Section 8 (4): says To establish an uniform rule of
naturalization.
"Naturalization" generally refers to citizenship not simply
immigration.
There is certainly a case to be made that the feds could be exceeding
their authority here.

One of
the basic powers of the Feds. Pot, etc. has been taken over as an
interstates commerce item. Even if not crossing state borders, which puts
it on really thin ice.

Again when you are talking about a product as closely regulated as
legal pot, that is tracked from seeds to the retailer at every step,
it is pretty hard to say this is interstate commerce.
In the 70s and 80s the feds were using the 14th amendment to justify
the federal drug law because that was their go to argument when they
fought states rights cases.
It will certainly be refreshing to see a states rights case that is
not all about abusing the rights of minorities. In fact if we look at
the statistics of who does get locked up on federal drug charges this
may be a civil rights violation not the protections implied in the
14th amendment.
Like I said, it would be an interesting pair cases to follow and the
five west coast states acting in unison might have the standing and
deep pockets to bring them.

OTOH they can take away standing of the "medical" states quite easily,
simply by moving pot from Schedule I to Schedule II. That is just
administrative as far as I know and certainly not as heavy a lift as
actually repealing the entire law.