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The western front of the United States Capitol...

We do what we want now, the Constitution be damned!

The proof that the interstate commerce clause of the U.S. Constitution doesn’t allow the federal government to ban the manufacture or sale of anything within the several States lies in the Eighteenth Amendment to the Constitution, which was ratified in 1919 and repealed in 1933.

It stated, in part:

1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

If the federal government had the power to ban the manufacture or sale of alcohol within the several States, then why would it require an amendment to the Constitution be passed in order to do so? The answer is that it didn’t have that power prior to the 18th Amendment, and hasn’t since the amendment was repealed in 1933.

It is completely outrageous for the federal government to claim that it has the constitutional authority to ban the manufacture and sale of marijuana, for example, as it has claimed most notably in the case of California’s challenge.

While you were told, and are still told, that it was a bunch of partisan┬áRepublican Supreme Court Justices who were representing the wealthy interests in striking down many of President Franklin Roosevelt’s initiatives, the reality is, they were defenders of the Constitution in striking down Social Security and unconstitutional expansions of the interstate commerce clause, until they were ultimately outnumbered, and the unlawful was made lawful.

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