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by Stephen Neitzke
Wednesday, Sep. 17, 2003 at 8:27 PM
firstname.lastname@example.org Tulsa, OK
"Judicial activism"of the worst kind -- using unconstitutional judicial rulings to nullify the Constitution's 10th Amendment.
The federal government's harassment of state-legal medical marijuana is transparently an unconstitutional elitist con game. By using legal coercion against state-legal medical marijuana, the medical industries' profits are protected, politicians can continue to farm the medical industries for campaign contributions and perks, and elitist, malfeasant judges can work to nullify the 10th Amendment, which is a cornerstone of American civil liberties..
Medical Marijuana and the War On Drugs, are very closely related. However, there are two powerful factors that keep them separate -- the irreparable harm done to seriously ill persons by denying them medical marijuana and the unconstitutional assertion that federal law can control medical supervision, doctor to patient, in the states.
The "Controlled Substances Act", at 21 USC Section 812, defines Schedule I drugs -- which include marijuana -- to have "a lack of accepted safety ... under medical supervision".
That statement is a bald assertion of the federal government's seeming power to control medical supervision, doctor to patient, in the states.
This is far beyond the FDA's police powers to prohibit the USE of a substance not found to be legal for human consumption. This is a direct attack on the traditional, constitutional, and legal rights of states to protect the health and well-being of their citizens. Medical marijuana itself is a traditional medication that has been in use for thousands of years, and, as such, is of no interest to the FDA, which is established to make determinations on new drugs only. The six individuals legally receiving medical marijuana from a federal program do so without an FDA approval for the USE of marijuana in humans..
Nowhere in the Constitution is the federal government given power over medical supervision, doctor to patient. Nowhere in the Constitution are the states and the people prohibited from controlling medical supervision. Therefore, the 10th Amendment applies and the federal government's attempt to control medical supervision is a violation of the 10th Amendment.
State law making medical marijuana legal is a 10th Amendment right of the states and the people under the national Constitution.
Federal government harrassment and prosecution of the state-legal growing of medical marijuana -- as well as of the seriously ill, state-legal users of medical marijuana -- is nothing short of criminal conspiracy against the rights of citizens (18 USC Section 241) in which the offending officials sworn to uphold the Constitution have violated their oaths. The offenders are sworn officials in Congress, the bureaucracies, and the judiciary.
DDL believes that the consequent of irreparable harm to seriously ill persons, including wrongful death, makes this conspiracy, and its perpetrators' violations of oaths to uphold the Constitution, impeachable crimes for elected officials and appointed judges and termination events for bureaucrats. DDL is preparing complaints against two 9th Circuit District Court judges (Martin Jenkins and Jeremey Fogel) to be sent to the US House of Representatives with the objective of having the two judges impeached. We believe recent unconstitutional rulings by those two judges against state-legal medical marijuana to be unconstitutional "judicial activism" at its worst. You can view rulings by those two judges on the site for the US District Court for Northern California at http://www.cand.uscourts.gov.
As the complaint process goes forward, we will be asking for petition help from concerned organizations. The legal issues can be made more important to the US House of Representatives if they have direct evidence of the political mass in this issue.
DDL will also pursue action against many other perpetrators of these crimes against the rights of citizens and our Constitution, including AG John Ashcroft, drug czar John Walters, DEA's chief extremist Karen Tandy, and others in the DOJ and DEA hierarchies.
Just this one legal issue alone requires a new Watergate-era-lookalike Special Prosecutor for Bush Administration and judicial violations of the Constitution and the public trust. Write Congress. Demand a Special Prosecutor.
Direct Democracy League
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