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Mexico supreme court rules ban on marijuana use unconstitutional

theguardian.com

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Re: Mexico supreme court rules ban on marijuana use unconstitutional

#2
>"In a 4-1 ruling, the court found that prohibitions on using marijuana violated the 'right to the free development of personality'"

Perhaps that is out of context, and I don't know their constitution as a whole, but I am not finding a lot of sense in that sentence.

If drug use can be considered a "right to the free development of personality", then how else could America's "right to Life, Liberty and the pursuit of Happiness" be interpreted?

Re: Mexico supreme court rules ban on marijuana use unconstitutional

#3
post #2

>"In a 4-1 ruling, the court found that prohibitions on using marijuana violated the 'right to the free development of personality'" Perhaps that is out of context, and I don't know their constitution as a whole, but I am not finding a lot of sense in that sentence. If drug use can be considered a "right to the free development of personality", then how else could America's "right to Life, Liberty and the pursuit of…

It's never about what the laws say, but rather about who interprets the laws.

Re: Mexico supreme court rules ban on marijuana use unconstitutional

#4
post #2

>"In a 4-1 ruling, the court found that prohibitions on using marijuana violated the 'right to the free development of personality'" Perhaps that is out of context, and I don't know their constitution as a whole, but I am not finding a lot of sense in that sentence. If drug use can be considered a "right to the free development of personality", then how else could America's "right to Life, Liberty and the pursuit of…

Those words are from the Declaration of Liberty, not the Constitution.

I'm not sure how/if SCOTUS uses the Declaration in their decisions. But it certainly does illuminate the feelings of the founders.

Re: Mexico supreme court rules ban on marijuana use unconstitutional

#5
post #2

>"In a 4-1 ruling, the court found that prohibitions on using marijuana violated the 'right to the free development of personality'" Perhaps that is out of context, and I don't know their constitution as a whole, but I am not finding a lot of sense in that sentence. If drug use can be considered a "right to the free development of personality", then how else could America's "right to Life, Liberty and the pursuit of…

Unfortunately the Supreme Court can't find laws unDeclaration-of-Independance-al.

Re: Mexico supreme court rules ban on marijuana use unconstitutional

#6
post #2

>"In a 4-1 ruling, the court found that prohibitions on using marijuana violated the 'right to the free development of personality'" Perhaps that is out of context, and I don't know their constitution as a whole, but I am not finding a lot of sense in that sentence. If drug use can be considered a "right to the free development of personality", then how else could America's "right to Life, Liberty and the pursuit of…

As far as I'm aware that phrase isn't anywhere in the US constitution -- just the Declaration of Independence. It doesn't have any legal force.

The phrase "el libre desarrollo de la personalidad" however is present in the Mexican constitution, although in its context it isn't clear to me how it applies.

Re: Mexico supreme court rules ban on marijuana use unconstitutional

#7
post #6
post #2

>"In a 4-1 ruling, the court found that prohibitions on using marijuana violated the 'right to the free development of personality'" Perhaps that is out of context, and I don't know their constitution as a whole, but I am not finding a lot of sense in that sentence. If drug use can be considered a "right to the free development of personality", then how else could America's "right to Life, Liberty and the pursuit of…

As far as I'm aware that phrase isn't anywhere in the US constitution -- just the Declaration of Independence. It doesn't have any legal force. The phrase "el libre desarrollo de la personalidad" however is present in the Mexican constitution, although in its context it isn't clear to me how it applies.

Ah, I see.

Re: Mexico supreme court rules ban on marijuana use unconstitutional

#8
post #2

>"In a 4-1 ruling, the court found that prohibitions on using marijuana violated the 'right to the free development of personality'" Perhaps that is out of context, and I don't know their constitution as a whole, but I am not finding a lot of sense in that sentence. If drug use can be considered a "right to the free development of personality", then how else could America's "right to Life, Liberty and the pursuit of…

People use statements from the Founding Fathers to justify anything they want. For example, since the Preamble to the Constitution specifies that it was set up to "promote the general welfare", there are many people that believe the government's job goes beyond providing favorable conditions for free markets and keeping them reasonably fair all the way to literally owing them a wage just for breathing, since the "general welfare" is not helped by some people being poor.

The fact of the matter is that if you're in a position to justify something you strongly believe in, no matter how high, visible, or supposedly rationally-based that position is supposed to be, you're going to find a way to push it through. Look at the ruling in Obergefell; even liberal publications said the legal basis cited for it was rubbish. In the general case, people will use whatever pretense they can to get what they strongly believe in, and justify it by saying that they're making something good happen (that is, the ends justify the means). Social sciences are like 90% this, and from thence comes the phrase "never trust a statistic you haven't faked yourself".

It's not universal, but it happens way more often than most of us want to admit, in every field.

Re: Mexico supreme court rules ban on marijuana use unconstitutional

#9
post #2

>"In a 4-1 ruling, the court found that prohibitions on using marijuana violated the 'right to the free development of personality'" Perhaps that is out of context, and I don't know their constitution as a whole, but I am not finding a lot of sense in that sentence. If drug use can be considered a "right to the free development of personality", then how else could America's "right to Life, Liberty and the pursuit of…

It's never about what the laws say, but rather about who interprets the laws.

I've always hated that a "law" can be interpreted really.

Re: Mexico supreme court rules ban on marijuana use unconstitutional

#10
post #6
post #2

>"In a 4-1 ruling, the court found that prohibitions on using marijuana violated the 'right to the free development of personality'" Perhaps that is out of context, and I don't know their constitution as a whole, but I am not finding a lot of sense in that sentence. If drug use can be considered a "right to the free development of personality", then how else could America's "right to Life, Liberty and the pursuit of…

As far as I'm aware that phrase isn't anywhere in the US constitution -- just the Declaration of Independence. It doesn't have any legal force. The phrase "el libre desarrollo de la personalidad" however is present in the Mexican constitution, although in its context it isn't clear to me how it applies.

True, but people still basically accept it as a canonical element of American philosophy and believe it should be used to justify governmental actions. The Constitution contains the very similar phrase "promote the general welfare".
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