Gonzales V. Raich
http://www.law.cornell.edu/supct/html/03-1454.ZD1.html
Brilliant! Particularly section II.A:
'The majority holds that Congress may regulate intrastate cultivation and possession of medical marijuana under the Commerce Clause, because such conduct arguably has a substantial effect on interstate commerce. The majoritys decision is further proof that the substantial effects test is a rootless and malleable standard at odds with the constitutional design. Morrison, supra, at 627 (Thomas, J., concurring).
'The majoritys treatment of the substantial effects test is rootless, because it is not tethered to either the Commerce Clause or the Necessary and Proper Clause. Under the Commerce Clause, Congress may regulate interstate commerce, not activities that substantially affect interstate commerceany more than Congress may regulate activities that do not fall within, but that affect, the subjects of its other Article I powers. Lopez, supra, at 589 (Thomas, J., concurring). Whatever additional latitude the Necessary and Proper Clause affords, supra, at 910, the question is whether Congress legislation is essential to the regulation of interstate commerce itselfnot whether the legislation extends only to economic activities that substantially affect interstate commerce. Supra, at 4; ante, at 5 (Scalia, J., concurring in judgment).
'The majoritys treatment of the substantial effects test is malleable, because the majority expands the relevant conduct. By defining the class at a high level of generality (as the intrastate manufacture and possession of marijuana), the majority overlooks that individuals authorized by state law to manufacture and possess medical marijuana exert no demonstrable effect on the interstate drug market. Supra, at 78. The majority ignores that whether a particular activity substantially affects interstate commerceand thus comes within Congress reach on the majoritys approachcan turn on a number of objective factors, like state action or features of the regulated activity itself. Ante, at 67 (OConnor, J., dissenting). For instance, here, if California and other States are effectively regulating medical marijuana users, then these users have little effect on the interstate drug trade.6
'The substantial effects test is easily manipulated for another reason. This Court has never held that Congress can regulate noneconomic activity that substantially affects interstate commerce. Morrison, 529 U.S., at 613 ([T]hus far in our Nations history our cases have upheld Commerce Clause regulation of intrastate activity only where that activity is economic in nature (emphasis added)); Lopez, supra, at 560. To evade even that modest restriction on federal power, the majority defines economic activity in the broadest possible terms as the the production, distribution, and consumption of commodities. 7 Ante, at 23 (quoting Websters Third New International Dictionary 720 (1966) (hereinafter Websters 3d). This carves out a vast swath of activities that are subject to federal regulation. See ante, at 89 (OConnor, J., dissenting). If the majority is to be taken seriously, the Federal Government may now regulate quilting bees, clothes drives, and potluck suppers throughout the 50 States. This makes a mockery of Madisons assurance to the people of New York that the powers delegated to the Federal Government are few and defined, while those of the States are numerous and indefinite. The Federalist No. 45, at 313 (J. Madison).
'Moreover, even a Court interested more in the modern than the original understanding of the Constitution ought to resolve cases based on the meaning of words that are actually in the document. Congress is authorized to regulate Commerce, and respondents conduct does not qualify under any definition of that term.8 The majoritys opinion only illustrates the steady drift away from the text of the Commerce Clause. There is an inexorable expansion from commerce, ante, at 1, to commercial and economic activity, ante, at 20, and finally to all production, distribution, and consumption of goods or services for which there is an established interstate market, ante, at 23. Federal power expands, but never contracts, with each new locution. The majority is not interpreting the Commerce Clause, but rewriting it.
'The majoritys rewriting of the Commerce Clause seems to be rooted in the belief that, unless the Commerce Clause covers the entire web of human activity, Congress will be left powerless to regulate the national economy effectively. Ante, at 1516; Lopez, 514 U.S., at 573574 (Kennedy, J., concurring). The interconnectedness of economic activity is not a modern phenomenon unfamiliar to the Framers. Id., at 590593 (Thomas, J., concurring); Letter from J. Madison to S. Roane (Sept. 2, 1819), in 3 The Founders Constitution 259260 (P. Kurland & R. Lerner eds. 1987). Moreover, the Framers understood what the majority does not appear to fully appreciate: There is a danger to concentrating too much, as well as too little, power in the Federal Government. This Court has carefully avoided stripping Congress of its ability to regulate interstate commerce, but it has casually allowed the Federal Government to strip States of their ability to regulate intrastate commercenot to mention a host of local activities, like mere drug possession, that are not commercial.
'One searches the Courts opinion in vain for any hint of what aspect of American life is reserved to the States. Yet this Court knows that [t]he Constitution created a Federal Government of limited powers. New York v. United States, 505 U.S. 144, 155 (1992) (quoting Gregory v. Ashcroft, 501 U.S. 452, 457 (1991)). That is why todays decision will add no measure of stability to our Commerce Clause jurisprudence: This Court is willing neither to enforce limits on federal power, nor to declare the Tenth Amendment a dead letter. If stability is possible, it is only by discarding the stand-alone substantial effects test and revisiting our definition of Commerce among the several States. Congress may regulate interstate commercenot things that affect it, even when summed together, unless truly necessary and proper to regulating interstate commerce.'
Col West has opened the door.
We must fight election fraud.
It falls on We the People.
Theres overwhelming evidence of fraud.- Here
SARAH PALIN speaks out on Twitter about massive Obama machine voter fraud:
>Sarah Palin News @SarahPalinLinks Between suppression of the military vote and voter fraud, Obama stole another election. http://www.canadafreepress.com/index.php/article/46302 DEMAND A RECOUNT! #VoterFraud
>Sarah Palin News @SarahPalinLinks People need to stop pointing fingers within the GOP and investigate the Dems' massive voter fraud and suppression of the military vote.
MITT ROMNEY TWEETS ABOUT ELECTION FRAUD:
>MITT ROMNEY in 2012! @PlanetRomney #tcot The Competent Conservative: Elections Have Not Yet Been Certified, Heres What You Can Do:
>> These electi... http://bit.ly/Zzam8Y
Excerpt from Mitt Romney's reference:
These elections are NOT certified yet. The only way to get this investigated, much less recounted or overturned, is through the Secretary of State of each of the five key states: Florida, Virginia, Ohio, Pennsylvania and Wisconsin. EVEN IF YOU ARE IN ANOTHER STATE you can help. But it wont do any good to dilute our effort to challenge California or Michigan or other states. Until a major group gets involved to do more, here is the plan: Contact the Secretary of State of the state in question. See contact information below...
Read the rest- Here
The website,'Barack Obama Vote Fraud 2012' is keeping a running account of cases of voter fraud and what to do about it:
(Astonishing!) > Visit the site- Here
Sign this petition- Here
Another website:
Is There Enough Evidence of Voter Fraud To Merit a Recount? If you wish to add your voice, click here and sign the petition for a recount Here-
< Hannity and Col Allan West slam voter fraud Nov 12- Here
Photo of Ethiopians brought to Ohio voting stations by busload, 95% of whom did not speak English, and told to vote for Obama, straight Dem ticket- Here
Must watch videos!
VIDEO-- Programmer Testifies About Rigging Elections With Vote Counting- Here
VIDEO- Illegal Aliens Caught Voting and Stealing Elections In Florida In Vast Numbers- Here
VIDEO- MICHAEL SAVAGE: How Obama fixed the 2012 election- Here
VIDEO- Massive voter fraud discovered in April- Here
VIDEO- Whistle blower speaks out about voter fraud- Here
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We can not wait for 2014 and 2016 to regroup and figure out new strategies. By then it will be too late. The Marxist/Muslim usurper will have completed his planned distruction of America. That's what people fail to understand.
We must act NOW.
Start with the election. If we let the Rats get away with this massive voter fraud, we're no better than a bananna republic.
We must keep digging and pounding him every day, in every way we can- phony birth certificate, Benghazi, Fast and Furious, his hidden life, records....
We are FReepers. We must fight!
Those who shrug and accept this atrocity without a fight are not worthy to be called Freepers!
Join us!! See thread, 'BARACK OBAMA FRAUD 2012- (MUST READ- MUST GO VIRAL!)' thread- Here