Talk:Comprehensive Drug Abuse Prevention and Control Act of 1970

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Has anyone looked at the constitutional basis for this law? (Is there one?) I would really find that info helpful. Thanks! 128.252.204.233 (talk) 21:31, 12 February 2008 (UTC)[reply]

Dear user at IP128.252.204.233: In the United States, Federal statutes are presumed to be constitutional as a matter of law. See generally United States Shoe Corp. v. United States, 114 F.3d 1564, 97-1 U.S. Tax Cas. (CCH) paragr. 70,078 (Fed. Cir. 1997) and Fairbank v. United States, 181 U.S. 283, 285 (1901). In Fairbank, the U.S. Supreme Court stated:

The constitutionality of an act of Congress is a matter always requiring the most careful consideration. The presumptions are in favor of constitutionality, and before a court is justified in holding that the legislative power has been exercised beyond the limits granted, or in conflict with restrictions imposed by the fundamental law, the excess or conflict should be clear.

Therefore, as a legal matter, a Federal statute is constitutional until and unless some Federal court rules it to be otherwise -- in the context of an actual case or controversy.

The approach, in answering your question about the 1970 Act, would be (1) whether anyone has ever actually contended, in a Federal court case, that some provision of the 1970 Act is unconstitutional and, (2) if so, whether the court ever ruled that such provision of the Act is unconstitutional. I do not know the answer to those questions at this time.

Do you have some particular provision of the Act in mind - a provision that you suspect might be unconstitutional? Do you know of any Federal court case involving the constitutionality of that provision? Famspear (talk) 23:22, 12 February 2008 (UTC)[reply]

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