[wordup] Oakland Cannabis Buyer's Club puts U.S. commerce clause on trial

[Adam Shand]

Via: politech at politechbot.com

From: Steve Schear <schear at lvcm.com>
To: Declan/Politech <declan at well.com>
Subject: The Commerce Clause on trial

Forwarded from a private email (with some minor edits)...

>The real crux of the problem is the almost unlimited (and I 
>believe  unconstitutional) authority granted the feds in Wickard v. 
>Filburn, 317 U.S. 111 (1942), when Congress and the Prez threatened to 
>expand the bench and pack it after the SC blocked law after law as 
>exceeding their authority. Unless and until these rulings are overturned 
>we'll continue to bang our heads against a wall of tyranny.

The Oakland Cannabis Buyer's Club case is squarely confronting 
Wickard.  See:  http://www.druglibrary.org/ocbc/ and examine the 
"Defendants Motion after Remand to Dissolve or Modify Preliminary 
Injunction Order and Memorandum of Points and Authorities in Support 
thereof - January 7, 2002 - (2.7MB)"

We have a case where every level of government -- city, county, and state 
-- is opposed to the Federal policy, and is now contesting the policy on 
solid federal jurisdictional grounds, rather than on the flimsy "indirect 
medical necessity" grounds they tried last time. And the feds are very 
wrong, and the locals are very right, and public opinion supports the 
locals. This doesn't happen too often.

steve

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