Posted on 10/20/2010 5:18:19 AM PDT by publiusF27
The GW clause has no relevance without the taxing power or the commerce power, except possibly to Scalia.
As to what will happen, I’d say the best case I can hope for will be 5-4 saying the commerce power covers the new law, but I could see it actually going 9-0.
“In 2005 the Supreme Court said the federal government’s power to “regulate commerce…among the several states” extends to the tiniest speck of marijuana wherever it may be found, even in the home of a patient who grows it for her own medical use in compliance with state law. “If Congress can regulate this under the Commerce Clause,” Justice Clarence Thomas warned in his dissent, “then it can regulate virtually anything—and the Federal Government is no longer one of limited and enumerated powers.””
And pretty much every state that has Medical Marijuana laws are STILL growing and practicing the Medical Marijuana.
Even thou I don’t like Marijuana, and don;t necessarily think it should be legal i solute and support the States that do.
Its long past time we have the corsage to ignore the Federal employees in black robes on the extent of their own masters power.
Indeed I’m even thinking about voting against Susana Martinez simply because she mentioned in passing that she was against the New Mexico nullification effort due to the “federal act”(although its clear she intends to do nothing about it).
It is soo essential that our states actively disregard the lawless edicts of the Federal court that there are little to no other domestic matters of greater important.
This is not about Marijuana, this is about the limited to non-existent domestic authority of the Federal Government.
So its fine if a canadit wants to be against Medical Marijuana as a domestic policy issue, but its NOT fine if they want to be against it simply because the Federal Government has usurped the authority to outlaw the non-economic intrastate uses of a plant.
That's my guess. Given some of their decisions, I'm not making any bets though.
I agree with Mojave that it will survive SCOTUS review. We seem to disagree about why. I’m just counting votes on the commerce issue, and I count at least 5 in favor of accepting the Congress’ findings of fact saying that this is a regulation of interstate commerce. Game over. We know which way the left-leaning Justices will go, and it’s at least possible that Roberts, Alito, Scalia and Thomas will not accept their opinion. That leaves Kennedy, who made it pretty clear in his Lopez concurrence that he thinks Congress continually defines the scope of their own power and there is no problem with that that a voting booth can’t solve.
Seems like mob rule to me, but not to him.
“Can libertarians ever make a point without drugs?”
Yes but can you think of a better example of how to fight the court then what the pro-drugies have already demonstrated in ignoring this 2005 cort ruling?
Look I’m with you I don’t care for drug legalization, I recognize that the drugs are addictive and thus rob people of their right to refuses, and therefore it can be regarded as Legitimate for Government to regulate their uses.
The only contention I have on the matter is the fact that the FEDERAL governess has done this when the FEDERAL government has absolutely no constitutional authority on the domestic matter peroid. This is a matter for the state and local NOT Federal Government.
“
lol
How about this: Moving from state to state affects interstate commerce, so the fedgov will soon tell you where to live or tax you for crossing the state border”
The Federal governments twisting and outright ignoring the interstate Commerce Clause is rather amazing.
I don’t need to point out to the common man that moving across state lines while it may be an interstate activity is most certainly NOT an act of commerce. Although it likely result in intrastate(not so much interstate) commerce not even intrastate commerce is certain. The man could be a poor deadbeat unwilling to work(sell his labor) and unable to buy anything.
But as everyone knows Federal logic is all about securing to Federal politicians and employees absolute and unlimited power. NOT about securing to we the people our reserved rights under the Federal constitution.
I think I agree with you on those points. I wish we could get the FedGov back into its specified rubber room.
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