Federalism, Up in Smoke?

NRO ^ | June 07, 2005 | Jonathan H. Adler

[LibertarianInExile]

That's the one thing I have against Scalia. He is 100% great when the decision is not against his personal scruples, but when the chips are down on federalism and something he doesn't like, "necessary and proper" trumps federalism every time.

[jammer]

Yes. That word jettison is wrong. Thanks for calling my attention to it. As you point out, justifying one's actions in the name of principle is not necessarily the same as actually holding those principles.

[familyop]

Mourn the death of liberaltarianism!

And remember, kids: Charlie loves you!





[Little irony, sarcasm and morbid humor there.]

[Quick1]

Justice Thomas' opinion on this case was EXACTLY correct.

[Tolerance Sucks Rocks]

This case was hopelessly dreadlocked for years. Regardless of the outcome, I'm glad it was finally settled.

It's about time, mon.

[raybbr]

What has been so amazing to me is to see so many alleged conservatives cheering this catastrophe for the concept of limited government.

Remember, this case was brought before the Court by the Bush Administration: Ashcroft vs. Raich.

[thoughtomator]

Well, I haven't been under the illusion that George "compassion for illegals, not for cancer patients" Bush is a conservative for quite some time now.

[blackie]

The Second Amendment...
America's Original Homeland Security!

Be Ever Vigilant!

[Sandy]

SCOTUS starts rewarding overreaching federal regulation as long as it is sweeping in the way it is justified, interstate commerce-wise. What message does that send?

It tells Congress that its laws need to be as expansive and all-encompassing as possible. The bigger the intrusion, the more likely the law will be upheld.

[Sandy]

Only Justices O’Connor, Thomas, and Chief Justice Rehnquist dissented. Few expected the Court to rule differently

I expected the Court to rule against Raich, but I thought that Rehnquist would write the opinion and reason it so as to keep Lopez and Morrison intact. Unfortunately, the decision turned out to be way worse than I had expected. Lopez and Morrison are essentially dead, so much so that Rehnquist couldn't even join the majority so as to at least limit the damage by writing the opinion himself.

Expectations to contrary notwithstanding, Rehnquist won't be resigning after this term. He has too much damage control to do yet. Unless his death is imminent, he's staying. IMHO.

[68 grunt]

Can someone explain to me how a substance grown, transported, and consumed entirely within the borders of the State of California is a Federal matter?

Its not. It is a 'national' matter. The rubicon has been crossed. We are no longer a federal nation, we are a national country. The constitution is already void.