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To: sourcery; flashbunny
I disagree a bit with your analysis. The primary motivation for this case is the Controlled Substances Act. The commerce clause was the only constitutional clause upon which the government could justify its enforcement under the facts of these cases. The government feared that a ruling for the plaintiffs would lead to a legal avalanche that would gut the CSA. So, the majority allowed this fed power grab to continue via the commerce clause.

The majority opinion emanates from the still-misguided "war on drugs" mentality that has eviscerated criminal constitutional law for the past 30+ years. I was surprised by the court line-up on this case.

8 posted on 06/10/2005 6:18:24 PM PDT by ernie pantuso
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To: ernie pantuso
So, the majority allowed this fed power grab to continue via the commerce clause.

But ultimately isn't the final result regardless of motivation the most profound result of the case? Splitting hairs yes, but it is very disturbing Scalia did this. At some point Conservatives are going to have to suck it up and realize that with truly limited Government comes some things that they may not really like or desire in society.

19 posted on 06/10/2005 6:59:37 PM PDT by Archon of the East ("universal executive power of the law of nature")
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