Newbie/Wannabe Attitudes

Article VI: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

10th Amendment doesn't supersede this, it helps clarify it.

Amendments/Constitution > Federal Law > State Law > Local Law

That's how it has always been.

As for why an amendment was needed for alcohol and not other drugs, probably has to do with the fact that alcohol mainly needs to be manufactured, and it was a large legal industry and there was a lot of businesses affected. It would outlaw what had been a person's legal Pursuit of Happiness.

 

It's not about Superseding Federal law. It's a question as to whether the FED's have the authority to regulate marijuana in the first place.

I know SCOTUS has hung their hat on the Commerce Clause in Gonzales v. Raich as authority to regulate marijuana. But Thomas' dissent was a better argument then the ruling.

"Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything – and the federal Government is no longer one of limited and enumerated powers."


That rings true with me. Growing tomatoes in your backyard has more affect on Commerce then growing pot. --Maybe they should regulate that. I mean, people legitimately growing the crop are directly affected when I grow tomatoes in my backyard... I'm not buying their tomatoes.

And apparently the ruling is pretty impotent. Because more and more States continue to regulate marijuana as they see fit. Totally disregarding the ruling.

But anyway. Whether it is legal or not doesn't have a lot of bearing on testing drivers for being under the influence of it. Alcohol is legal and they test for it. I don't know anyone saying they shouldn't test for Marijuana. It's the currently used testing method that is intrusive.

There are tests that can actually determine if the driver is CURRENTLY under the influence and that is what they should be testing for.

 

Who really cares?

The bottom line is that if you can't get through life without self medicating, You're pretty pathetic anyway!

Drugs, Alcohol.....Whatever!

 

It's not about drugs. It's about Government intrusion.

Where do you draw the line?

 

Ive never seen the appeal of marijuana myself, but IMO the laws regarding it in this country are arcane and ridiculous. Alcohol is far more dangerous and nobody ever disputes that. What a "free" country we live in!

 

Right, I love how the big movement is in the name of "medicinal" uses. What a crock. I bet less than 1% of dope smokers use it for medicinal purposes.

If you don't have the discipline to not use drugs while wanting a career driving a truck, then you shouldn't be driving.

 

Where do you draw the line? How about when people just act responsibly, don't do the things that brings the government in. If everyone did not think they had some right to drink, smoke, inject, themselves into a stupor, and never would attempt to operate any equipment, vehicle, aircraft, boat or whatever while intoxicated, the government would not need to intervene. It's called self-governance. However since the human race is comprised of so many idiots, self-righteous, ignorant fools, then I guess the people seen the need for a third-party to intervene, and tell us what we can or can not do.

Look, it is really this darn simple. If you want to party, do drugs, be an alcoholic, be in a constant state of intoxication, be irresponsible, then simply don't think you can do those things that prohibit them. It's called RULES, you want to argue that you should not be forced to follow the rules? Seems like the attitude that I'm above following the law. Laws don't apply. Good luck with that.

 

COrookie DID act responsibly. He quit smoking BEFORE he started driving. The test was overly intrusive and detected something he did when he wasn't driving.

 

That's all well and fine but we're governed by federal law not state. You could be from California and have emfezyma( spelling ) but you wont pass any drug test for any trucking company period.

 

I'll drink to that!