How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11630
Experience:  JD, MBA
Type Your Legal Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

Please locate, identify, and copy for me; a NEXUS to the Constitution&

This answer was rated:

Please locate, identify, and copy for me; a NEXUS to the Constitution’s Eighteen Enumerated Powers that confers federal jurisdictional authority in personam for the executive and judicial branch of the government of the United States to respectively, arrest, prosecute, convict, and punish any person at random or targeted by the DEA pursuant to the PENALTIES prescribed by the Ninety-First Congress in Title 21 U.S.C. §841(b) specifically, and with purpose of intent, restricted, reserved, and limited to; “any person who violates subsection (a) of this section shall be punished as follows;” who is NOT REGISTERED by the attorney general for federal jurisdiction to be federally regulated for conduct admitted or found to be; “in violation of Title 21, United States Code, Section 841(a)(1)”?
Hello and thank you for allowing me the opportunity to assist you.

The Congress is authorized to pass 21 USC Section 841 under the Commerce Clause, which states: "[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes"

The Supreme Court of the United States has since held that "Congress can regulate purely intrastate activity that is not itself "commercial," i. e., not produced for sale, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that commodity. The similarities between this case and Wickard are striking. In both cases, the regulation is squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat or marijuana, has a substantial effect on supply and demand in the national market for that commodity. In assessing the scope of Congress' Commerce Clause authority, the Court need not determine whether respondents' activities, taken in the aggregate, substantially affect interstate commerce in fact, but only whether a "rational basis" exists for so concluding." Gonzales v. Raich,XXXXX 2195, 162 L.Ed.2d 1, 545 U. S. 1 (2005).

In a nutshell, there is a national market for narcotics and, therefore, such narcotics affects interstate commerce. Accordingly, the Commerce Clause is applicable.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

Thank you for using our service!
Customer: replied 3 years ago.

Your answer is misplaced Counselor, the question was not; Does the Controlled Substances Act (21 U.S.C. 801) exceed Congress' power under the commerce clause as applied to the intrastate cultivation and possession of marijuana for medical use?

Any person who would champion the argument that Congress does not have the power to “do whatever they want” in the commerce clause supported by the sweeping power of the “necessary and proper clause” is a fool.

You were right to quote Mr. Justice JOHN PAUL STEVENS when he wrote; “The similarities between this case and Wickard are striking” both wheat and marijuana belong to the plant family and both Wickard and Raich were raising wheat and marijuana for their own use but, unless you know a farmer who has lost his farm animals, his farm equipment, his farm, and put in federal prison for a medieval sentence without parole, your reference to Wickard and Gonzales v. Raich was misplaced also. You might remember that any person at random is able to raise 10 acres of wheat without government intervention and “Special Agents” from the DEApulled out all six marijuana plants and destroyed them” in Raich!

However, “(a) Except as authorized in this subchapter” forms the NEXUS to; “Persons registered by the Attorney General” to possess, manufacture, distribute, and dispense controlled substances “to the extent authorized by their registration” referencing Title 21 U.S.C. §821 and Congress power to “authorize” the Attorney General “to promulgate rules and regulations” for regulated persons and regulated transactions and therefore; “any person” NOT REGISTERED is STATUTORILY EXEMPT from the ambit of federal jurisdictional authority to enforce the language of the Controlled Substance Act of 1970!

I would argue that both Wickard and Raich are cases of material breach of a real and binding contractual agreement where money changed hands between the registrant and a representative of the central government creating privileges, obligations, and liabilities, called; “terms” and therefore, a violation of both the Agriculture Act and the Controlled Substance Act is a Civil Matter of Equity, NOT a federal crime!

I’m sorry Counselor, you did not answer my question, WHY? Because there is no NEXUS to the Constitution’s Eighteen Enumerated Powers for federal jurisdictional authority over “any person” NOT REGISTERED for federal jurisdiction to be federally regulated in the closed commercial system of Controlled Substances, and therefore, the executive and judicial branch of the government of the United States LACK FEDERAL JURISDICTIONAL AUTHORITY to respectively, arrest, prosecute, convict, and punish “any person” NOT REGULATED!

Nice try! But you shouldn’t feel alone, Congress, the Supremes, and the entire legal community should know, or they ought to know, that to “take-away” any of the People’s “unalienable Right” perpetually protected and secured in the text of the Constitution to buy, sell, use, or abuse mustard, marijuana, cabbage, cocaine, hot-dogs, heroin, hallucinates, or controlled substances, whatever they are now or ever will be, takes an Amendment to the Constitution and a two-thirds vote YEA by both Houses of Congress and ratified by two thirds of the states!

It’s NOT the subject matter of “drugs or other substances” Counselor, it’s the Constitution for self-government by “WE, the people” Guaranteed by the Original Ten Articles of Amendment thereto that is the issue here and NO! I'm not a lawyer!

Hi again.

While you are apparently very passionate about this issue, you are also very wrong. But you clearly were not genuinely seeking an answer. It is now obvious that you came here to argue what you believe ought to be the answer. I'm sorry to say that I have neither the desire nor the time for that.

I'll leave you with this:

"We are not final because we are infallible, but we are infallible only because we are final."
- Justice Robert H. Jackson speaking about the US Supreme Court
TJ, Esq. and 7 other Legal Specialists are ready to help you

Related Legal Questions