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Conservative's ForumConservative's Discussion ForumsConstitutional Issues › Maine legislators just attempted to violate the supremacy clause AND the RICO act.
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Normal Topic Maine legislators just attempted to violate the supremacy clause AND the RICO act. (Read 51 times)
Country_hick
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Maine legislators just attempted to violate the supremacy clause AND the RICO act.
10/25/17 at 14:50:04
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If the people through the citizens initiative voted to allow the mafia to operate freely in the State of Maine would the state regulate and tax mafia activities in violation of the RICO act?

Maine recently had an unconstitutional citizens initiative legalize marijuana for all purposes against federal law. The legislature just passed a vote (hopefully to be vetoed) regulating and taking illicit money (taxes) from mj sales.

Here is part of the story.
http://bangordailynews.com/2017/10/23/politics/legislature-sends-marijuana-regul...

That led me to wonder...

What if...instead of voting to regulate marijuana Maine's legislators were voting to regulate the mafia???

What if... The citizens initiative was used to allow the mafia to commit illegal acts?

What if...The people of Maine voted to accept the mafia's legal right to come into Maine and do illegal business through a citizens initiative?

What if...The legislature knowing the mafia would illegally make a lot of money decided to control and profit from the mafia's crimes?

What if...The legislature decided to tell the mafia how to conduct business as to when, where, and how they could commit their illegal activities without violating Maine law?

What if...The legislature conspired to profit from crime by taxing the mafia only on its illegal profits?

If the State of Maine were to become a partner in crime with the mafia by controlling and profiting from the mafia's business what would the people of Maine do?

If the State of Maine became partners with the mafia the state of Maine would be violating the RICO act. Passed in 1970, the Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law designed to combat organized crime in the United States.

RICO allows prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise.

To convict a defendant under RICO, the government must prove that the defendant engaged in two or more instances of racketeering activity and that the defendant maintained an interest in or participated in a criminal enterprise affecting interstate or foreign commerce.

Profiting from and controlling federally illegal drug sales fit within this RICO definition.

The idea of any state doing business with the mafia in this way is unthinkable. However, when we replace the word "mafia" with " illegal drug"or "marijuana" and that is exactly what happened in the vote to regulate marijuana. The state (if this law is enacted) will literally have declared itself to be a partner in federal crimes. How else can you describe profiting from criminal activity in violation of federal law?

There is no legal theory under which the state can legally engage in approving the sale of federally illegal drugs. When the state controls how federally illegal drugs are sold and profits from the sale of illegal drugs the state violates the RICO act. The supremacy clause of the U.S. Constitution makes a federal law supreme over all state laws.

By voting to pass a law regulating marijuana each legislator has violated the U.S. Constitution's supremacy clause. That is an act of sedition under 18 U.S. Code § 2384 - Seditious conspiracy. I had hoped that Maine's lawmakers would not prove thsemselves to be Maine's federal lawbreakers. Most legislators destroyed that hope when they voted to violate federal law multiple times in one vote.

Written by a man who is upset enough with Maine's government continually operating outside its Constitution to run in 2018 for district 102 of the House of Representives .

Here is an overview of the RICO act
http://www.lectlaw.com/files/lit08.htm
This is the actual RICO act.
https://www.law.cornell.edu/uscode/text/18/part-I/chapter-96
  
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Country_hick
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Re: Maine legislators just attempted to violate the supremacy clause AND the RICO act.
Reply #1 - 10/27/17 at 20:07:07
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Here is my story telling version of this event that is suitable for pre-teens.


Would you believe that the majority of Maine's legislators should be impeached and imprisoned for violating basic constitutional principles? It is true. Lets look at the facts.

Maine's legislature saw an opportunity to engage in organized crime and profit by becoming part of a criminal enterprise. Unwilling to miss an opportunity to be in make illegal profits by being in charge of criminal activity the legislature moved quickly to violate federal law.

Will we violate the supremacy clause of the United States Constitution? Profit can only come from a yes vote. We will violate the U.S. Constitution! Will we engage ourselves in RICO violations by controlling and profiting from criminal activities that we know violates federal law? Of course we will! Dirty money in our pockets and controlling criminal enterprises are much more important than integrity and honor!

Do we legislators care that the federal government has made marijuana illegal for all purposes? No, Maine's legislators had already violated this federal law by allowing medical marijuana. Why should we not violate federal law again? We do not believe the U.S. Constitution or federal laws matter in Maine!

The RICO act passed in 1970 is a federal law designed to combat organized crime in the United States. It allows prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise. To be convicted under RICO, the government must prove two or more instances of racketeering and that the defendant had an interest in or participated in a criminal enterprise affecting commerce. Controlling and profiting from federally illegal drug sales including marijuana fits perfectly within this definition.

The idea of any state doing business with criminals in this way was unthinkable prior to the vote to regulate marijuana. The state literally voted to make itself a partner in federal crimes. How else can you describe profiting from criminal activity in violation of federal law?

There is no legal theory under which the state can legally engage in approving the sale of federally illegal drugs. When the state controls how federally illegal drugs are sold and profits from the sale of illegal drugs the state violates the RICO act.

By voting to pass a law that taxed and regulated marijuana each legislator has violated the U.S. Constitution's supremacy clause. That is an act of sedition as defined by 18 U.S. Code § 2384 - Seditious conspiracy. I had hoped that Maine's lawmakers would not prove themselves to be Maine's federal lawbreakers. Most legislators destroyed that hope when they voted to violated federal law multiple times with one vote.

How much longer can we allow Maine's legislature to continue to violate their oath of office, along with the Maine and U.S. Constitutions? We need to look at each legislators vote and hold them accountable by removing them from office if they violated federal law.

Ignorance of the law is no excuse even for legislators.


An overview of the RICO act
http://www.lectlaw.com/files/lit08.htm


The RICO act.
https://www.law.cornell.edu/uscode/text/18/part-I/chapter-96




Written by a man who is upset enough with Maine's government operating outside its Constitution to run in 2018 for the state House of Representatives .


  
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