Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

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

Please locate, identify, and copy...
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)”?
Show More
Show Less
Ask Your Own Legal Question
Answered in 8 hours by:
5/9/2013
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12,473
Experience: JD, MBA
Verified
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!
Ask Your Own Legal Question
Customer reply replied 4 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.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12,473
Experience: JD, MBA
Verified
TJ, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12,473
12,473 Satisfied Customers
Experience: JD, MBA

TJ, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Considering US Constitution does not force any official
Considering US Constitution does not force any official language, and that USCIS is a federal organization: - What can one do to have USCIS allow an interpreter for citizenship tests in any language b… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
Can someone on parole in NJ work waiting tables where they
Can someone on parole in NJ work waiting tables where they serve alcohol? This person is not on parole for an alcohol related crime. … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
What happens if someone wants to use your address for parole
what happens if someone wants to use your address for parole but they do not live with you? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a sister on parole for multiple dui and minor
I have a sister on parole for multiple dui and minor possession convictions who has started drinking again. She wants to go to rehab but is afraid that if she comes clean to her parole officer, that t… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
My son violated parole with another offense in Michigan, is
my son violated parole with another offense in Michigan, is in custody and was toled by the parole violation officer that he should waive hi initial hearing, which he did, he has been in custody for a… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
The inmate has been paroled but still has a balance on a
The inmate has been paroled but still has a balance on a court ordered restitution. Please advise how I can collect the balance from the restitution? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
My daughters boyfriend who is on state parole is staying
My daughters boyfriend who is on state parole is staying here and causing a lot of tension because he is not working or paying his $250 a month rent. What can I do to have him removed from my home? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I recived a letter from the attorney general in the state of
I recived a letter from the attorney general in the state of ca feom a former client complaining what do I need to do ? Is this a crime investigation … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
What constitutes misappropriation of funds when someone has
What constitutes misappropriation of funds when someone has guardianship over my mother? Does putting mom's CD's in the guardians name to keep Rest Home from getting them, then spends some of the mone… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
L. North Carolina. I have asked the Attorney General to help
Good morning Pearl Wilson, my name is G**** *****l. … read more
Bill Attorney
Bill Attorney
law
1,415 satisfied customers
The assistant attorney general of my home state got my case
The assistant attorney general of my home state got my case dismissed by committing fraud upon the court. I intend to retain an attorney to sue the attorney general office for fraud and to have the ju… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
The assistant attorney general of my home state got my case
The assistant attorney general of my home state got my case dismissed by committing fraud upon the court. I intend to retain an attorney to sue the attorney general office for fraud and to have the ju… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I received a complaint from the Attorney General of
I received a complaint from the Attorney General of Missouri. What is the best way for me to respond and resolve the issue?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Based off Mississipp's Attorney General's opinion can a
Based off Mississipp's Attorney General's opinion can a school district legally garnish your wages without a court order? See the opinion in the link. https://govt.westlaw.com/msag/Document/I127e18997… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
Can a parole board recind a grant of parole on a inmate
Can a parole board recind a grant of parole on a inmate before the release if the inmate did not violate any prison rule after the grant of parole and have no pending criminal changes … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I filed and Interrogatories against the Attorney General
I filed and Interrogatories against the Attorney General myself for Child Support and they filed a motion to Quash Discovery and for Protective order. Can you tell me what does this Attonery General f… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
Attorney General's Lawyer for The State licensing board for
Attorney General's Lawyer for The State licensing board for Dora, will not provide records from the Director of the Program, Marsha Waters for my case. I want to ask the Administrative law Judge to al… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,218 satisfied customers
Does the Attorney General work on complaints in TX? Texas,
Does the Attorney General work on complaints in TX? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x