Judge Thomas's dissent is striking. He says that without any teeth in the 10th amendment we no longer have a government with limited and enumerated powers. Couldn't have said it better myself, nor would I try, not being a lawyer.
posted on 06/08/2005 4:25:55 PM PDT
Thomas is right, but I suspect the majority in this decision simply wasn't prepared to open a can of worms by siding with him. If his view had prevailed, the ultimate impact on our nation would have been monumental. If the state of Oregon were permitted to allow the use of marijuana for medicinal purposes, it would have been permitted to allow the use of marijuana (or any other substance) for any purpose whatsoever.
This is exactly what the Tenth Amendment is all about, and someday we may get back to that point. But I suspected a while ago that this case wasn't going to be the one that started the process.
posted on 06/08/2005 5:18:16 PM PDT
by Alberta's Child
(I ain't got a dime, but what I got is mine. I ain't rich, but lord I'm free.)
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