The part about delegating from the Court's to the legislative makes sense.
As you illustrated.
Court says "ok to regulate drugs for the welfare"
Congress writes laws to do that.
Is it not in the legislative bodies Constitutional authority to write laws for the general welfare?
The FDA an executive branch, FOLLOWS the law written by congress.
They tell us whats good and whats bad.
Lets do a Constitutional check list:
Congress Writes a Law: Check. That is their roll.
You sue. Check.
Supreme Court says "This law is Constitutional" Check
Congress can not enforce laws, so that hand it off to the FDA. Check
FDA follows the law. Tell us which drugs are ok, and which are not, and under what circumstance. (Prescription, etc) Check.
You seem to be saying the FDA is breaking the law, or not following it according to the letter of the law.
If that is the case, you or anyone else can sue, and then it goes back to the courts.
If they rule in your favor. Either the Executive or the Legislative will have to adjust accordingly, to who was breaking the law.
1) Upon further review, the law is unconstitional.
2) The law is constitutional, but FDA not following it.
Are you advocating that our Judicial branch and Executive branch should merge and we just go down to 2 branches?
Quote:
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But, they also enter into the picture in terms of the "scheduling", in other words, the "Scientific Advisory Panels" internal to those organizatiosn (NIH, NIMH, they all work basically the same way) - are actuatlly making these decisions "in specific cases" - not the Courts.
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I picked up that vipe based on the above quote.
It sounds like you want the Courts to be enforcing the law (In this case, that would entail testing and administering)
My summary of your argument:
The FDA is screwing you over because they are soo harsh on mary jane.
You feel they have not followed the letter of the law as written by Congress, and found Constitutional by the courts.
If so. Sue. The FDA does not have the authority to supercede the Congressional laws.
If not, just simply state, what it is you want to see happen.
I think they should just legalize all drugs.
(That takes congress not the courts)
And more importantly, how did a question about the 10th Amendment lead to your gripe with the FDA? It feels off topic.
Ixtellor