damnum absque injuria

June 6, 2005

Gavin Newsom: Frisco Above the Law, Again

Filed under:   by Xrlq @ 12:47 pm

This Ass. Press account buries the lead/lede, and in fact leaves it out altogether, so here’s the real story:

Last spring, Frisco strongman mayor Gavin Newsom claimed his city was exempt from Sections 300, 301 and 308.5 of the California Family Code, which mandate the traditional definition of marriage througout the state. In December, his junta City Council proposed a handgun ban, in blatant violation of California’s preemption law, Section 53071 of the California Government Code, not to mention that embarassing Second Amendment.

This spring, they toyed with the idea of exempting themselves from the First Amendment, as well as Article 1, Section 2 of the California Cosntitution, by regulating blogs, though on this rare occasion, they ultimately backed down. Now, less than a month later, they’re moving on to yet another target: pit bulls.

“We have to be realistic,” Newsom said. “You’ve got dogs that literally can kill. We’ve seen it demonstrated. If we can’t change people’s behavior and make them think what’s in their best interest, then that’s when government comes along and becomes a bit paternalistic.”
[Emphasis added.]

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Bad Supreme Court, Bad!

Filed under:   by Xrlq @ 12:13 pm

To the disappointment of many but the surprise of none, today the U.S. Supreme Court screwed the pooch (PDF) and upheld the federal ban on medical marijuana, 6-3. Four of the Gang of Six were a given, having voted to judicially nullify the Tenth Amendment outright in U.S. v. Lopez, 514 U. S. 549 (1995) and U.S. v. Morrison 529 U.S. 598 (2000), so it only took one turncoat to ruin this decision. Given the lack of federalism objections to nationwide drug laws in other countries around the world,* combined with his recent announcement that international opinion trumps the text of the U.S. Constitution, Kennedy easily sided with the “liberal” Justices who, much to the dismay of pot-smoking liberals everywhere, unanimously upheld the federal prohibition on all marijuana, medical or otherwise.

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