I have a question about "home rule"...

[beevul]

We hear about it from time to time within the context of guns and concealed carry laws, and I got to thinking about this while reading posts on JohnKerry.com about MJ decriminalization.

Would "home rule" have any bearing at all on federal drug laws?

It has been said that in home rule cities, that the constitution does not apply...

Could the same be said about state and/or federal drug laws?

[OpSomBlood]

1. Elaborate on what "home rule" is.

n/t

[beevul]

3. For example...

"But Judge Patterson rejected that defense argument along with all others, replying (according to Grant, Stanley and another witness) that precedents of the Colorado Supreme Court and even the Constitution of Colorado are not applicable in Denver, because Denver is a home-rule city."

"After closing arguments, MIT graduate David Bryant, who serves as public information director for the Libertarian Party of Colorado and also as Stanley's campaign treasurer, approached Assistant City Attorney Paul Puckett to see if he could clarify his understanding of Judge Patterson's remarks."

"As I understand it," Bryant recalls saying to Puckett, "Judge Patterson just said that because I live in Denver, the Bill of Rights and the Constitution of Colorado do not protect any of my rights from the government of Denver. Is that your understanding? Is the city government free to deny all the rights secured to me by the Constitution of the United States, and the Constitution of Colorado, so long as they only do it here, in Denver?"

"Yes," Bryant claims he was told by Puckett. "The Constitution has no
force or effect in Denver, because this is a home rule city."

http://216.239.53.104/search?q=cache:PqfbNSg7hl4J:www.thehunterslife.com/forums/showthread.php%3Ft%3D2981+%E2%80%9CYou+are+not+to+reference+the+Constitution%22+observer&hl=en

Now, in that example, its denver, and it surrounds the second amendment and the COTUS.

Looking for more general info, I found this:

"Towns in Colorado are of two forms: Statutory and Home Rule.
Statutory towns are the easier of the two to set up and have all powers expressly given them by the Colorado Constitution and Legislature."

"Home Rule towns must create their own Charter. The Charter is like a constitution for the town. It defines organizational form, terms and duties of officers, standing committees, etc. Home Rule towns have all powers not expressly denied them by the Colorado Constitution and Legislature."

"During their evolution, towns typically start out as Statutory towns and then transition to Home Rule form."

"Converting from Statutory to Home Rule requires that a Commission be elected to create the Charter. Once it is completed, the Charter goes to the voters for approval or disapproval."

http://www.coalitiontlc.org/home_rule_vs__statutory_town.htm

Now, I am not interested in discussing guns in this thread(not for you Op', or Sandy' but for anyone who might want to change the direction of the thread).

I don't know if that helps, I don't have a real good understanding of home rule myself.

I just wonder, if its true that state constitutions/COTUS don't apply, or can be made to not apply, can the same be said for other federal laws, specifically drug laws.

[MrSandman]

4. If that is Rick Stanley,

Of Libertarian infamy, I would seek another opinion.

I fail to see how a home rule city would have more independence from the ConUS than one of the 50 states. States have attempted to legalize marijuana.

If Home Rule can do this, maybe we can start a movement for Home Rule for everyone.

[beevul]

5. You...

are correct.

I wasn't so much interested in him, or his "plight" but rather the conflicting information I have seen reguarding "home rule".

[MrSandman]

6. I still don't think home rule

would protect us from overeaching federal laws. If the CO constitution is worded like the Tenth and Fourteenth Amendments, it may be more restrictive than federal law.

I hadn't heard about home rule in the US until today. I knew the UK was experimenting with it since before WW I. Anything I say is a WAG.

And poor ole Rick, picked on by the Denver PD, the Denver media, and now, the Denver Courts. He oughta move where they want him.

[MrSandman]

2. Isn't that more or less...

Anglican equivalent to 10th Amendment?