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US appeals court declares 158-year-old home distilling ban unconstitutional

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Re: US appeals court declares 158-year-old home distilling ban unconstitutional

#301

Earlier quoted context omitted.

Voting to put people in prison because of smells is certainly a take.

It's not about the smell. Secondhand marijuana smoke carries many of the same harmful compounds as cigarette smoke [1]. The issue is involuntary exposure in shared living spaces. And ballot measures are typically all-or-nothing: you can't vote yes on edibles but no on smoking in your apartment complex. [1] https://www.cdc.gov/cannabis/health-effects/secondhand-smoke...

Give me a break.

Re: US appeals court declares 158-year-old home distilling ban unconstitutional

#302
post #298

Decisions like this illustrate what a hollow farce the modern federal courts’ approach is to Constitutional governance. To be clear, courts are not supposed to change policy or make new policy, they are just supposed to interpret the law as written. So supposedly this ruling is “not a change in the law” but rather a discovery that actually the law has always been this way but oops, someone read it wrong 158 years ago…

With my respect for you as a person, I think your idea here is demonstrating both ignorance and cynicism to the way the law works. This type of interpretation of law is by design. When lawmakers write a law, it’s specifically the judicial branch’s job to interpret it, which is exactly what is happening here. It’s also exactly how you describe by design: legislators can pass laws that say whatever they want. They can…

You're missing the philosophical principle that the more laws you have the wider the breadth of the domain that laws can interpret becomes, and that laws generally accrue. This is not by design, and there are jurisdictions which explicitly curtail this by having sunset laws.

Re: US appeals court declares 158-year-old home distilling ban unconstitutional

#303

Earlier quoted context omitted.

That's only one of many ways to consume it, many people vape, have edibles or drinks and you just don't notice.

Even as a daily weed smoker myself though, it's hard not to acknowledge that a more liberal marijuana stance in a geographic location does lead to that smell being more commonly encountered when in public and out and about. Personally I don't mind, almost the opposite, but for people who don't like the smell, obviously they feel differently. Good thing we can have different policies in different places, and people ca…

I live in Canada, I smell it maybe a dozen times a year? Certainly less than I smell tobacco smoke (that smell is nasty).

Could depend on where I live and hangout though.

Re: US appeals court declares 158-year-old home distilling ban unconstitutional

#304

Earlier quoted context omitted.

Sure. But by the text of the constitution (the thing we made up) Congress does not have the power to criminalize “anything,” but only things in specific areas. Everything else is left to state law.

So make an "amendment" then. You've got a bunch already

That always shuts constitutionalists up

Re: US appeals court declares 158-year-old home distilling ban unconstitutional

#305

If you have a stock pot, a steel bowl that is large enough to sit on top of the stock pot, and a Pyrex measuring glass, you can start distilling now. Put the glass in the center of the pot. Fill the pot with not enough mash to float the glass. Top the pot with the bowl. The condensate will form on the bowl and run towards the bottom center of the bowl, where it will drip into the glass. I was able to distill a few bo…

> I was able to distill a few bottles of home made apple wine that I had screwed up some additional flavorings on. It took a couple of hours for 3 or 4 bottles. My grandfather used to make something called Apple Jack using a method known as freeze distillation. He'd put fermented cider (widely available in rural New York) in a cask and place it out in the barn on a really cold night. The water would freeze, but the a…

So "the water freezes, the alcohol does not," is not actually how freeze-distillation works. The entire batch freezes solid. You then let the block melt and collect the first meltings. If you start off with a 5% ABV solution, freeze it, and then melt off half of it, you'll end up with two halves where one is maybe 7% ABV and the other is maybe 3% ABV. You will need to reprocess those halves to further concentrate (yes, both halves, you want the alcohol from the 3% portion, too, but you have to do them separately or you're back to where you started) with your level of efficiency being limited primarily by your patience and how cold your freezer can get. Probably not cold enough to get above 20% ABV [0].

One problem with freeze-distillation is that it's more like removing watery alcohol and taking everything else than it is like in boil distillation where you're trying to remove alcoholic water and leave everything else behind. So you still need to make multiple runs to get the ABV up, but boiling will remove impurities, whereas freezing will concetrate them.

[0] IDK, that's just a guess, I'm not inclined to look it up. I'm not writing a reference guide here.

Re: US appeals court declares 158-year-old home distilling ban unconstitutional

#306
post #298

Decisions like this illustrate what a hollow farce the modern federal courts’ approach is to Constitutional governance. To be clear, courts are not supposed to change policy or make new policy, they are just supposed to interpret the law as written. So supposedly this ruling is “not a change in the law” but rather a discovery that actually the law has always been this way but oops, someone read it wrong 158 years ago…

With my respect for you as a person, I think your idea here is demonstrating both ignorance and cynicism to the way the law works. This type of interpretation of law is by design. When lawmakers write a law, it’s specifically the judicial branch’s job to interpret it, which is exactly what is happening here. It’s also exactly how you describe by design: legislators can pass laws that say whatever they want. They can…

“They can pass a law that says that all left-handed people are subject to a 50% income tax even though such a thing would clearly violate the constitution”

I think that would be constitutional, but in conflict with other laws.

Re: US appeals court declares 158-year-old home distilling ban unconstitutional

#307
post #241

Earlier quoted context omitted.

If you think consuming thc doesn’t effect your driving ability then you should probably lay off it for a while because you’ve become retarded.

[flagged]

I don’t, you’re fundamentally incorrect.

Re: US appeals court declares 158-year-old home distilling ban unconstitutional

#308
post #289

Earlier quoted context omitted.

Yaeh this is a thing states do. South Dakota went in cahoots with the courts to cancel the ballot initiative to legalize weed, and California went in cahoots with the courts to sabotage prop 8 (the banning of gay marriage).

California Proposition 8 (gay marriage ban) was unconstitutional though, it was always likely to be struck down by the SC.

That's not why it was "struck down" by SCOTUS. It was struck down because California intentionally did not defend the case in SCOTUS, leaving the proponents (i.e., those representing the majority vote) to defend it in SCOTUS. Then SCOTUS determined the prop 8 voters didn't have standing to defend prop 8, essentially defaulting the decision through a perverse chickenshit technicality and remanding it back to the lower courts.

SCOTUS did not find gay marriage bans unconstitutional in that case. Only the 9th circuit did, and California intentionally stopped defending it at the 9th circuit because the 9th circuit is and was pro gay marriage.

Re: US appeals court declares 158-year-old home distilling ban unconstitutional

#309

Decisions like this illustrate what a hollow farce the modern federal courts’ approach is to Constitutional governance. To be clear, courts are not supposed to change policy or make new policy, they are just supposed to interpret the law as written. So supposedly this ruling is “not a change in the law” but rather a discovery that actually the law has always been this way but oops, someone read it wrong 158 years ago…

[flagged]

Re: US appeals court declares 158-year-old home distilling ban unconstitutional

#310

Do this one next: https://en.wikipedia.org/wiki/Gonzales_v._Raich The Supreme Court somehow held that the feds can regulate what you do in your own home (in this case, growing marijuana for personal use) because it could have a butterfly effect on the interstate price. (Constitutionally, the feds can only regulate _interstate_ commerce.)

That's really strange.. I grow tomatoes at home. Surely that would apply too?

Yes, it would. But there isn't currently a law limiting the amount of tomatoes one can grow especially for personal consumption. In 1938, the Agricultural Adjustment Act was passed. This law tried to control the prices of food by determining quotas for production. Filburn was allowed to grow ~11 acres of wheat. He went and grew 23 acres of wheat, setting aside the overproduction for personal consumption while taking that ~11 acres to market.
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