Originally Posted by Jamesiv1
Letting go with love can be healthy advice for some situations, but it doesn't seem to fit this particular one.
It fits it perfectly. It was *made* for this kind of situation, actually lol
Look, I'm not making light of the guy's situation. I'm 20 years sober, and I've lost 3 of 6 family members to this disease we call addiction.
Let him go, Working Poor. And it sounds to me like you need to give Al-Anon another try. Get a sponsor and work the steps this time.
this sounds suspiciously like you support restoring the CONstitution... or would that be a bad idea at this point?
"If you can't explain it simply, you don't understand it well enough." - Albert Einstein
"for I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man. - Thomas Jefferson.
not only is it "CONstitutional" it was the CONstitutions plan from the beginning!right AF?
clearly the CONstitution authorized this. or it would NOT be happening. right AF?
with over 65000 posts in 9 years... your points seem to be lost on them....
Last edited by HVACTech; 03-30-2016 at 08:44 PM.
"If you can't explain it simply, you don't understand it well enough." - Albert Einstein
"for I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man. - Thomas Jefferson.
Not while they're in prison.
I have been searching for a case that has challenged the constitutionality of the drug war and won. Believe me there is nothing you can tell me about being co-dependent that I do not know. I still go to alanon just not every day. I still have a sponsor that I talk to when I need to.
I know I can't "save" my brother. There are other people to consider not just my brother. My mother is freaking about it. She feels so guilty. I have given her the good ole "let go and let God" talk until I am blue in the face ya know. I actually feel more sorry for her than my brother. My mother is very old and also sick as hell. I have been through quite and ordeal with her for the past several months. She was in the hospital for almost 2 months. My brother being in jail after all the health challenges she has been through is more stress than she needs. I have promised her that I would try to find something that might help him. I just wondered if the constitution protects his rights or if anyone knew of someone who used this defense. Looks like death will be his only release.
Good luck even using the words "constitutional right" as a defense in a state criminal court without the judge smacking you down and striking it from the record. :/
His best option is to plea to the judge for help, that he is an addict and needs help, that he was not in control of his actions because of his addiction.
Glad to see you got my point.not only is it "CONstitutional" it was the CONstitutions plan from the beginning!
clearly the CONstitution authorized this. or it would NOT be happening. right AF?
with over 65000 posts in 9 years... your points seem to be lost on them....
Do you have anything helpful to offer Working Poor?
Drug laws like minimum wage laws, laws against prostitution and sodomy, union privileges, etc all violate the freedom of contract which is implicit in the 14th Amendment.
Rand Paul talks about the Lochner Case frequently. That was the precedent case for the freedom to contract which got overturned during the Progressive Era. So yes, drug laws violate the 14th Amendment and are thus unconstitutional.
https://en.wikipedia.org/wiki/Freedom_of_contract
//
"If you can't explain it simply, you don't understand it well enough." - Albert Einstein
"for I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man. - Thomas Jefferson.
so, this guy is lying? or, is he just an idiot?
https://www.youtube.com/watch?v=b0WZO3M3X84
(13 second video)
Last edited by HVACTech; 03-31-2016 at 07:23 PM.
"If you can't explain it simply, you don't understand it well enough." - Albert Einstein
"for I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man. - Thomas Jefferson.
That is true. Most conservative and liberal judges don't even believe the right to contract is a basic right. That doesn't mean it is the correct view. If you have a willing buyer and seller trading goods and services that is a contractual arrangement.
There is a strong push to change the legal thinking on this. It won't be easy, but the Texas Supreme Court Chief Justice Don Willett, George Will, Rand Paul, Judge Napolitano, and a lot of libertarian law professors are making a strong case.
No, but in this case it is correct. Tacit contract is made up out of whole cloth-it has nothing to do with Natural Law or any other non-arbitrary system.
the original CONstitution (1787) did not have anything to do with "Rights". HB34.
the concept of "Rights" was not introduced until late 1791.
one should NOT confuse the "Bill of Rights" with the CONstituion.
(you are making us look stupid sir)
Last edited by HVACTech; 03-31-2016 at 08:07 PM.
"If you can't explain it simply, you don't understand it well enough." - Albert Einstein
"for I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man. - Thomas Jefferson.
What I stated about the drug war and contracts in my original post is the thinking of pretty much every libertarian law professor that I have ever heard weigh in on this. My background is in engineering not law or philosophy, but drug laws do violate the ideas of "life, liberty, and property." That phrase was even used in the language of the Lochner Case.
Disappointing to find "libertarians" make such a claim.Sounds like LINOism.
LINOs like Judge Napolitano?
Here is an excerpt from a book written by the Judge. He spells out that freedom of contract is part of natural law and repeats just what I said. First two paragraphs.
https://books.google.com/books?id=zU...ochner&f=false
whats are the charges ?
“[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table.” (Heller, 554 U.S., at ___, 128 S.Ct., at 2822.)
How long before "going liberal" replaces "going postal"?
HB34 is an anarchist. and if you press him on the issue.
you will find that he considers not only judge Nap, but also Ron Paul to be "statists"
"If you can't explain it simply, you don't understand it well enough." - Albert Einstein
"for I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man. - Thomas Jefferson.
I used to play on the Linoleum when I was a kid. Got pretty good at it, but still people couldn't hum the tune when I got done.
That excerpt has nothing to do with tacit contract. What he says there is correct. Even if he were wrong, the CONstitution is NOT based on Natural Law. No (well-known) Federalist ever made such a claim. (the DoI is, however)
Possession of crack cocaine (3grams) with intent to distribute (but I am sure he intended to do it all) and paraphernalia. He did not force anyone to buy or use it with him. He did not sell any to anyone but it is the amount that determines the intent.
I don't understand why some lawyer hasn't filed a class action suit against the government over the unconstitutional war on drugs. WHY ????
Because under applicable Supreme Court precedent going back over 100 years, it's patently obvious that it's constitutional.
Last edited by Sonny Tufts; 04-01-2016 at 01:26 PM.
I know of lawyers that have argued it, but its an unwinnable argument. I think I know one judge that would even look twice at it.I am trying to help a close family member they are an addict and they have spent many years in prison because of it. He is in jail again looking at 7 years. He is unable to pay for a lawyer and nobody in the family is able to help hire one. A public defender has been appointed. I have been thinking about what if his rights have been grossly violated?
Does anyone know of someone fighting a drug charge questioning the constitutionality of the drug war? My relative has nothing to loose in fighting it this way but I would like to try to give him some insight on how he may be able to fight this. He has been in jail for 4 months the person who he was busted with got out with time served and has almost as many past drug charges as he does. We think this person may have traded evidence to get out with time served after one month in jail. I think about how sick my relative has been over the years and how being thrown in prison has done nothing to help him address the real problem. I hate that he has never been free in his adult life. I want to try one more time to help him defend his freedom.
Carthago Delenda Est
If a class action suit were filed would that force the issue to be heard?
I think you'd be better off with an isolated judge in an empty courtroom than a class action with high stakes and lots of pressure and attention.
The best argument is that restraints on liberty should be classified as heightened scrutiny, and that criminalizing drug use is a restraint of liberty that is not the least restrictive means available.
Carthago Delenda Est
Don't talk yourself into a hole. He may have been charged with intent because of an amount but that does not mean it was intent due to the amount kept for personal consumption.it is the amount that determines the intent.
'We endorse the idea of voluntarism; self-responsibility: Family, friends, and churches to solve problems, rather than saying that some monolithic government is going to make you take care of yourself and be a better person. It's a preposterous notion: It never worked, it never will. The government can't make you a better person; it can't make you follow good habits.' - Ron Paul 1988
Awareness is the Root of Liberation Revolution is Action upon Revelation
'Resistance and Disobedience in Economic Activity is the Most Moral Human Action Possible' - SEK3
Flectere si nequeo superos, Acheronta movebo.
...the familiar ritual of institutional self-absolution...
...for protecting them, by mock trial, from punishment...
I am trying to help a close family member they are an addict and they have spent many years in prison because of it. He is in jail again looking at 7 years. He is unable to pay for a lawyer and nobody in the family is able to help hire one. A public defender has been appointed. I have been thinking about what if his rights have been grossly violated?
Does anyone know of someone fighting a drug charge questioning the constitutionality of the drug war? My relative has nothing to loose in fighting it this way but I would like to try to give him some insight on how he may be able to fight this. He has been in jail for 4 months the person who he was busted with got out with time served and has almost as many past drug charges as he does. We think this person may have traded evidence to get out with time served after one month in jail. I think about how sick my relative has been over the years and how being thrown in prison has done nothing to help him address the real problem. I hate that he has never been free in his adult life. I want to try one more time to help him defend his freedom.How did he get caught ?
“[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table.” (Heller, 554 U.S., at ___, 128 S.Ct., at 2822.)
How long before "going liberal" replaces "going postal"?
The "war" portion of the war on drugs is a headline, it's not a real war.
As for the federal government's involvement in legalizing and illegalizing drugs, that's a state issue and not federal. So there is no constitutional authority for the federal government to be involved in drugs directly. But you'd need a team of high priced lawyers and years of battles and have to get lucky enough for the case to climb high in the courts to hope you can get a judge to offer an opinion of unconstitutionality. That's not likely.
The federal government has overstepped on many more blatant constitutional issues and those aren't being overturned so I'm not sure how The war on drugs will be sited as unconstitutional. I wish you luck
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