Federalism

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SashaGallagher
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Federalism

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https://www.youtube.com/watch?v=jjmDbDnm0aA

The United States was founded on a Revolution. Many people believed that Thomas Jefferson was an Anarchist, because he created moments of Anarchy, but in the end he helped create a “More Perfect Union”. The Revolution most people think of when they think of Revolution is a Communist Revolution, or the Counter Revolutions to the Communist Revolutions; and that is because the Communist Manifesto is relatively new in terms of Human History. But Revolutions have previously not been about Communism, and a Proletariat class V a class of Capitalist or Feudalistic self indulgent overlords who actually spend time thinking of ways to make the Proletariat do more for less. Most Revolutions were about Liberty, and were based on ideas similar to the of Plato’s Republic. The Liberty Cap and Liberty Pole (also called the Phyrgian Cap) is a common symbol in this form of Revolution, and Assassination is a common theme in this form of Revolution (“Sic Semper Tyranus” or “As Always to Tyrants”).



Federalism is the idea behind the United States Constitution. The idea that we are Voluntarily Governed, and that there is no “Ruling Class” in this Country, no one is in charge here, and anyone can be taken out of office (no Assassination necessary). The idea that there are 3 Competing Branches of Government in the Congress, President and Supreme Court. The Acknowledgement that no one is probably right when it comes to Politics, and Religion, and anything like that, so we will have a Government that Acknowledges all the Factions within the Country, and works to make everything as equal as it can for all of them. An example of how far we have strayed from this concept is that we can’t figure out how to teach Shias and Sunnis anything about this concept, and we seem to think it is just all about Voting and Democracy. Republicans and Democrats are Factions; they don’t do anything that lasts Centuries and they may even be the downfall of America. Classical and Neo-Conservatism and Classical and Neo-Liberalism completely Hijacked this country, Abraham Lincoln may have called himself a Republican; but he was a Federalist who preserved the Union; and now we have a “State of the Union Address”.



http://digitalcommons.law.yale.edu/cgi/ ... fss_papers

This Paper linked about is called “Slicing the American Pie” and it is about Federalism V Personal Law Systems. So Federalism is not just a random 3rd ideology in America, like Greens or Libertarians. Federalism is literally the Legal System we operate under as a Nation. The Paper explains the 2 systems, and I will summarize here. The best way to explain Federalism is to first explain the Personal Law System. In a Country where there is Personal Law, like India, every Religion has their own rights; for example, in India Muslims are allowed to have multiple wives, but Christians aren’t. In America the State is the “Personal” part. Colorado Law is different than Texas Law is different than New York Law is different than California Law, but they all Submit to the Constitution and the Supreme Court.

Most people don’t realize this but there are actually 3 forms of Law:



First is Fundamental Law, this is the Constitution which sets up the Rules for President and Courts and Congress, the Constitution is the thing that makes those people have a job. Without the Constitution you have no Contract with those people, and if they violate the Contract it can be invalidated and replaced.



Then there is Statutory Law, this is the Law that the Constitution says Congress can write, such as Law for “Commerce between the States, Indian Tribes and Foreign Nations”. The Controlled Substances Act, or the Patriot Act, or other Acts of Congress like that are what create “Statutory Law”, which is then Codified into the USC.



And last, but absolutely not least, is Case Law. This is the real Law. The Constitution may say something, but you may not interpret it the same as the Supreme Court, because they have been seeing cases for about 300 years now, and have been seeing situations in which the Constitution becomes more clearly defined in their eyes, and it gets passed down into case law.

The reason it seems to most people like your lawyer doesn’t do much and the Judge just makes Arbitrary decisions is because it takes time and effort to go through the years and years of Case Law, and actually find out if there is an argument for your Case. Your lawyer would much rather just look at what happened in that County, over the past 5 years or so, and just go based on that, and not deal with it any further, and you pay him. And maybe he’ll try to see if the Judge will answer a motion to Dismiss if you are lucky and got a good lawyer. If these layers would actually put in the effort to read all those books on the shelves in their office, from Cover to Cover, highlighting all the stuff they found to be profound; we would have a much better legal system.

Look up “Writ Writers”. Every lawyer should be able to write a Writ, but almost every single Writ Writer in America started as a Jailhouse Lawyer. Meaning: someone who was in Jail and learned the Law there, and not from ever stepping foot in a Law School. If you look up “Writ Writers” on Google it is going to bring up a bunch of stuff about people who learned Law from inside Jail.

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Re: Federalism

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Colorado did something different than other States, Colorado added Marijuana Legalization to its Constitution. Marijuana is not just “Regulated” in Colorado, it is a Right. Every Citizen of Colorado 21 and over, has a right to grow 6 plants per person over 21; according to the Colorado State Constitution.





(Bhang being distributed for the Holi Festival)



Colorado Marijuana Code



The Colorado Marijuana Code completely ignores Religion though, as it has not been brought up yet in this Context.



Colorado State Constitution

Article XVIII

Amendment 64

(1)

(a) IN THE INTEREST OF THE EFFICIENT USE OF LAW ENFORCEMENT RESOURCES, ENHANCING REVENUE FOR PUBLIC PURPOSES, AND INDIVIDUAL FREEDOM, THE PEOPLE OF THE STATE OF COLORADO FIND AND DECLARE THAT THE USE OF MARIJUANA SHOULD BE LEGAL FOR PERSONS TWENTY-ONE YEARS OF AGE OR OLDER AND TAXED IN A MANNER SIMILAR TO ALCOHOL.



(2)

Definitions.

AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES,



(h) “MARIJUANA CULTIVATION FACILITY” MEANS AN ENTITY LICENSED TO CULTIVATE, PREPARE, AND PACKAGE MARIJUANA AND SELL MARIJUANA TO RETAIL MARIJUANA STORES, TO MARIJUANA PRODUCT MANUFACTURING FACILITIES, AND TO OTHER MARIJUANA CULTIVATION FACILITIES, BUT NOT TO CONSUMERS.



(i) “MARIJUANA ESTABLISHMENT” MEANS A MARIJUANA CULTIVATION FACILITY, A MARIJUANA TESTING FACILITY, A MARIJUANA PRODUCT MANUFACTURING FACILITY, OR A RETAIL MARIJUANA STORE.



(m) “MEDICAL MARIJUANA CENTER” MEANS AN ENTITY LICENSED BY A STATE AGENCY TO SELL MARIJUANA AND MARIJUANA PRODUCTS PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE.



Notice that is says that it should be Regulated like Alcohol, in accordance with the will of the people of Colorado, so here is the Colorado Alcohol Code’s rules about Religion.



Colorado Alcohol Code



ARTICLE 47, TITLE 12, C.R.S.

Part I- General Provisions

12-47-106

Exemptions.

(1)

The provisions of this article shall not apply to the sale or distribution of sacramental wines sold and used for religious purposes.



And in the Federal Code right now, there is a Tax Exemption for Cider that is Produced and Sold without Bubbles and not called Wine. It can be found under USC Title 26, S 5042, (a), (1).



If Marijuana is going to be Regulated like Alcohol, then Sale, Distribution and Use of Religious Marijuana can not be taxed. And this is not even a stretch to say that Religion should not be taxed, that is simply the way it works. The case Walz v. Tax Comm’n of City of New York 397 U.S. 664 (1970), set the standard that has since then been followed.

https://supreme.justia.com/cases/federa ... /case.html



And if we look at the Volstead Act, the Act of Congress which made Alcohol Prohibition (the 18th Amendment) an actual Enforced Law; the Volstead Act included Religious Exemptions for Alcohol use. You can not stop people from using their Sacraments, Celebrating their Festivals, and Consuming the Body of their Lords and Saviors.

http://mdk12.msde.maryland.gov/instruct ... lstead.pdf



And we all know about the 1st Amendment Religious Protections, but with all this other Evidence that shouldn’t even be necessary to bring up.

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Re: Federalism

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In Texas there are 2 important Laws specifically related to Marijuana, and a few that are specific to Religion but do incorporate Marijuana in this context.



First,

The Texas Controlled Substances Act

(Notice it says Sativa, no Indica mentioned in the law)



(26) “Marihuana” means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds. The term does not include:

(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;

(B) the mature stalks of the plant or fiber produced from the stalks;

(C) oil or cake made from the seeds of the plant;

(D) a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or

(E) the sterilized seeds of the plant that are incapable of beginning germination.

(27) “Medical purpose” means the use of a controlled substance for relieving or curing a mental or physical disease or infirmity.

(28) “Medication order” means an order from a practitioner to dispense a drug to a patient in a hospital for immediate administration while the patient is in the hospital or for emergency use on the patient’s release from the hospital.





Sec. 481.111. EXEMPTIONS

(e) Sections 481.120, 481.121, 481.122, and 481.125 do not apply to a person who engages in the acquisition, possession, production, cultivation, delivery, or disposal of a raw material used in or by-product created by the production or cultivation of low-THC cannabis if the person:

(1) for an offense involving possession only of marihuana or drug paraphernalia, is a patient for whom low-THC cannabis is prescribed under Chapter 169, Occupations Code, or the patient’s legal guardian, and the person possesses low-THC cannabis obtained under a valid prescription from a dispensing organization; or

(2) is a director, manager, or employee of a dispensing organization and the person, solely in performing the person’s regular duties at the organization, acquires, possesses, produces, cultivates, dispenses, or disposes of:

(A) in reasonable quantities, any low-THC cannabis or raw materials used in or by-products created by the production or cultivation of low-THC cannabis; or

(B) any drug paraphernalia used in the acquisition, possession, production, cultivation, delivery, or disposal of low-THC cannabis.

(f) For purposes of Subsection (e):

(1) “Dispensing organization” has the meaning assigned by Section 487.001.

(2) “Low-THC cannabis” has the meaning assigned by Section 169.001, Occupations Code.





The Texas Compassionate Use Act

The Medical Marijuana Laws in Texas, dispensaries open in 2018 all over the State



Sec. 487.001. DEFINITIONS. In this chapter:

(1) “Department” means the Department of Public Safety.

(2) “Director” means the public safety director of the department.

(3) “Dispensing organization” means an organization licensed by the department to cultivate, process, and dispense low-THC cannabis to a patient for whom low-THC cannabis is prescribed under Chapter 169, Occupations Code.

(4) “Low-THC cannabis” has the meaning assigned by Section 169.001, Occupations Code.

Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.


SUBCHAPTER B. DUTIES OF DEPARTMENT


Sec. 487.051. DUTIES OF DEPARTMENT. The department shall administer this chapter.

Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.


Sec. 487.052. RULES. The director shall adopt any rules necessary for the administration and enforcement of this chapter, including rules imposing fees under this chapter in amounts sufficient to cover the cost of administering this chapter.

Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.


Sec. 487.053. LICENSING OF DISPENSING ORGANIZATIONS AND REGISTRATION OF CERTAIN ASSOCIATED INDIVIDUALS. (a) The department shall:

(1) issue or renew a license to operate as a dispensing organization to each applicant who satisfies the requirements established under this chapter; and

(2) register directors, managers, and employees of each dispensing organization.

(b) The department shall enforce compliance of licensees and registrants and shall adopt procedures for suspending or revoking a license or registration issued under this chapter and for renewing a license or registration issued under this chapter.

Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.


Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The department shall establish and maintain a secure online compassionate-use registry that contains:

(1) the name of each physician who registers as the prescriber for a patient under Section 169.004, Occupations Code, the name and date of birth of the patient, the dosage prescribed, the means of administration ordered, and the total amount of low-THC cannabis required to fill the patient’s prescription; and

(2) a record of each amount of low-THC cannabis dispensed by a dispensing organization to a patient under a prescription.

(b) The department shall ensure the registry:

(1) is designed to prevent more than one qualified physician from registering as the prescriber for a single patient;

(2) is accessible to law enforcement agencies and dispensing organizations for the purpose of verifying whether a patient is one for whom low-THC cannabis is prescribed and whether the patient’s prescriptions have been filled; and

(3) allows a physician qualified to prescribe low-THC cannabis under Section 169.002, Occupations Code, to input safety and efficacy data derived from the treatment of patients for whom low-THC cannabis is prescribed under Chapter 169, Occupations Code.

Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 1, eff. June 1, 2015.





Now that Texas has Legalized Medical Marijuana, they have forsaken the argument against Religious Marijuana. And it’s not just Texas, the Federal Government, including the DEA has done the same in cases like Gonzales V O Centro through DEA form 225. Because DEA form 225 exists for Corporate Entities to use, Religions are now Free to do the same without DEA form 225.





Texas Bill of Rights



Sec. 6. FREEDOM OF WORSHIP.

All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.





Texas Religious Freedom Restoration Act



ec. 110.001. DEFINITIONS. (a) In this chapter:

(1) “Free exercise of religion” means an act or refusal to act that is substantially motivated by sincere religious belief.



Sec. 110.002. APPLICATION.

(a) This chapter applies to any ordinance, rule, order, decision, practice, or other exercise of governmental authority.

(b) This chapter applies to an act of a government agency, in the exercise of governmental authority, granting or refusing to grant a government benefit to an individual.

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Re: Federalism

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These are the Cases that are used when a Cop kills someone, these cases should be more well known so they can be used by both sides in court, because these cases are not Pro-killings

Tennessee v. Garner (1985)
"the use of force on a fleeing suspect has to be based on probable cause that they pose a threat"
"the killing of a fleeing suspect is a seizure under the Fourth Amendment, and is therefore constitutional only if reasonable."
"one of the factors is the extent of the intrusion, it is plain that reasonableness depends on not only when a seizure is made, but also how it is carried out" see, e.g.,United States v. Ortiz (1975); Terry v. Ohio (1968)
"Almost all crimes formerly punishable by death no longer are or can be." See, e.g., Enmund v. Florida (1982); Coker v. Georgia (1977)
"And while in earlier times "the gulf between the felonies and the minor offences was broad and deep," 2 Pollock & Maitland 467, n. 3; Carroll v. United States, supra, at 158, today the distinction is minor, and often arbitrary. Many crimes classified as misdemeanors, or nonexistent, at common law are now felonies. Wilgus, 22 Mich.L.Rev. at 572-573. These changes have undermined the concept, which was questionable to begin with, that use of deadly force against a fleeing felon is merely a speedier execution of someone who has already forfeited his life. They have also made the assumption that a "felon" is more dangerous than a misdemeanant untenable."
"It forbids the use of deadly force to apprehend a misdemeanant, condemning such action as disproportionately severe. See Holloway v. Moser, 193 N.C., at 187, 136 S.E. at 376; State v. Smith, 127 Iowa at 535, 103 N.W. at 945. See generally Annot., 83 A.L.R. 3d 238 (1978)."
"The Federal Bureau of Investigation and the New York City Police Department, for example, both forbid the use of firearms except when necessary to prevent death or grievous bodily harm. Id. at 40-41; App. 83. For accreditation by the Commission on Accreditation for Law Enforcement Agencies, a department must restrict the use of deadly force to situations where "the officer reasonably believes that the action is in defense of human life . . . or in defense of any person in immediate danger of serious physical injury.""

Graham v. Connor (1989)
"The reasonableness of a particular force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight"
"quite apart from any 'specific' of the Bill of Rights, application of undue force by law enforcement officers deprives a suspect of liberty without due process of law."
"Fourth Amendment's prohibition against unreasonable seizures of the person, holding that the "reasonableness" of a particular seizure depends not only on when it is made, but also on how it is carried out."
an officer's good intentions do not make an objectively unreasonable use of force constitutional. See Scott v. United States, citing United States v. Robinson (1973).
"A "seizure" triggering the Fourth Amendment's protections occurs only when government actors have, "by means of physical force or show of authority, . . . in some way restrained the liberty of a citizen," Terry v. Ohio (1968); see Brower v. County of Inyo (1989).
"an Eighth Amendment violation requires proof of the "unnecessary and wanton infliction of pain."'" quoting Ingraham v. Wright, in turn quoting Estelle v. Gamble (1976).
"in assessing the credibility of an officer's account of the circumstances that prompted the use of force, a factfinder may consider, along with other factors, evidence that the officer may have harbored ill-will toward the citizen." See Scott v. United States (1978)

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Re: Federalism

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Religious Marijuana Case that I used in Texas in a Religious Marijuana Possession Case and the State Dropped themselves off the Case and dropped the Case, this is not your normal "Marijuana is my Religion" case:

First Cause of Action. According to the Supreme Court, Schedule I substances are not enough to bar a substance from Religious Use. The wording they used is that calling a substance Schedule I as an argument against Religious use "can not carry the day".
https://supreme.justia.com/cases/federal/us/546/418/

Laws must be Neutral and can not Overtly or Covertly ban Religions. The DEA allows large corporations to Manufacture, Import and Posses Schedule I and II Substances using DEA form 225, protocol can be found in 21 CFR 1301.18, the Constitution allows the regulation of Commerce, but not the Regulation of Religion. The Controlled Substances Act is not a Neutral Law.
https://supreme.justia.com/cases/federa ... /case.html
http://law.justia.com/cases/federal/app ... 03-24.html

Second cause of Action, Gerrymandering causing Death. The University of Mississippi was a protected Monopoly until August 2016 for Marijuana, at which time the DEA admitted it was allowing this Monopoly and opened up registration to more companies. Mallinckdrot has been allowed to Synthesize Tetrahydrocannabinoids (THC derivatives) but, due to this Gerrymandering, Hospitals do not have access.
https://www.federalregister.gov/documen ... rijuana-to
https://www.deadiversion.usdoj.gov/fed_ ... index.html
https://www.deadiversion.usdoj.gov/fed_ ... index.html
https://www.justice.gov/atr/memorandum- ... pplication

Third Cause of Action, laws are not Amendments. The 18th Amendment started prohibition, and the Volstead Act was passed by Congress which put it into action. During Prohibition (and in the Volstead Act) Religious use of Alcohol was not Prohibited. If an Amendment did not have the power to violate Religion due to the 1st Amendment, then a mere law can not violate Religion. There is another point made in the third cause of action, but it would take up way more space to explain it here.

Fourth Cause of Action, Rights retained by the People. Challenging the Controlled Substances Act under Rule 5.1 of the Federal Rules of Civil Procedure, and as an Unconstitutional law, the Controlled Substances Act must be overturned.
https://supreme.justia.com/cases/federal/us/395/6/
https://supreme.justia.com/cases/federa ... /case.html

Fifth Cause of Action, violation of International Agreements. The United States is a party to various Treaties stating that 1. Religion can not be violated, 2. Religion can not be targeted, and; 3. Religions must be able to manufacture and use Religious items/materials.
http://www.un.org/en/universal-declarat ... an-rights/
http://www.ohchr.org/EN/ProfessionalInt ... /CCPR.aspx
http://www.un.org/documents/ga/res/36/a36r055.htm
http://www.ohchr.org/EN/Issues/FreedomR ... Index.aspx
http://hrlibrary.umn.edu/gencomm/hrcom22.htm

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Re: Federalism

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Look at 9/18
Image

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Re: Federalism

Post by SashaGallagher »

I am now suing the DEA, and the Federal Court in Dallas has been sitting on my lawsuit since March
https://www.pdf-archive.com/2017/10/01/ ... ew/page/1/

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