Hey - I was wondering about this - would it be possible to file for a redress of grievances caused by the Controlled Substances Act?
My main contention here is that Congress has used the Interstate Commerce Clause to overcome the 5th amendment protections on private property.
The CSA is, fundamentally, a licensing statute whereby it is prohibited to possess, manufacture, or control property which you own - without a special DEA license.
Unconstitutional licensing statutes (statutes claiming to license - and charge - for the "privilege" of exercising any one of a person's fundamental protected rights) are invalid, and can be ignored with impunity (American Jurisprudence, and Shuttlesworth v. Birmingham)
No enumerated power in the Constitution can overcome any protected right in the bill of rights (Schick v. U.S.)
So we have over 1/2 million people in prison for non-violent (victimless - or "consensual crimes" where the "criminal" is voluntarily taking a risk prohibited by the state for their own protection - they voluntarily become the victim of their own acts) that are suffering under a clearly unconstitutional set of laws.
The request would consist of a demand for an answer as to why Congress was permitted to pass the laws in the first place, and secondly, to stop the enforcement of these laws, as well as restoring all rights to all parties injured by the enforcement of this statute.
There are also at least 4 federal statutes that clearly proshibit the enforcement and/or creation of the CSA;
Title 18 Chapter 13 Sections 241 and 242 Conspiracy against Rights
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000241----0...
And Deprivation of Rights Under Color of Law
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000241----0...
Title 18 Chapter 95 Section 1951; Interferance with Commerce By Threats of Violence
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001951----0...
As well as part of the civil code, Title 42 Chapter 21 Subchapter I, section 1983, Civil Remedy for Deprivation of Rights;
http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001983----0...
It is well established in case law that Prohibition Agents are not permitted to violate any law of the United States, nor the state they operate within, even acting under the 18th Amendment (granting Government powers of prohibition, no such amendment has given Congress such authority over drugs). (Olmstead v. U.S. - "The 18th Amendment did not empower Congress to authorize anyone, federal agents or not, to violate the criminal laws of a state; nor has Congress ever purported to do so.")
How is it that all law enforcement officers are given immunities to prosecution under these 4 federal statutes?
How are these violent, actual crimes against the rights of the people (government becoming destructive of the rights its sworn to protect - calling for alteration or abolishment by RIGHT of the people under the Declaration of Independence) considered to be Acceptable by officers of the law, while consensual acts without victims are considered cause for imprisoning the victims of these violent crimes, while having a dubious consequence of silencing the victims of these outrageous crimes politically for life (loss of the right to vote or hold public office, felony conviction inhibiting employability, etc.)
What do you thing would be the best way to approach this - a general petition for redress, or a class action lawsuit against (more or less the entire) government under Title 42 Section 1983?
Thanks for your opinion,
Mike Pohlable
[email protected]
5287 W. Sunset
Hollywood, CA 90027
323-331-8887
