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To: Bloody Sam Roberts
But that opinion is not germane to the discussion of how the Fed abuses, or does not abuse, the 10th.

Federal anti-gun laws are based on the same expansive view of the Commerce Clause that makes national marijuana prohibition possible, so it is indeed germane.

I quoted from Scalia's opinion in Raich upthread on this page. Here's a quote from Thomas on the same case. Which of the two got it right, in your opinion?

Thomas: Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything, and the Federal Government is no longer one of limited and enumerated powers.

J. Thomas, dissenting in Raich

72 posted on 12/21/2011 12:17:51 PM PST by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: Ken H
Federal anti-gun laws are based on the same expansive view of the Commerce Clause that makes national marijuana prohibition possible

And yet some 'constitutional conservatives' cheer federal drug laws. Go figure.

75 posted on 12/21/2011 1:14:19 PM PST by JustSayNoToNannies
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To: Ken H

Thomas gets it right, obviously.


80 posted on 12/21/2011 6:27:55 PM PST by Bloody Sam Roberts (Attacking Wall Street because you're jobless is like burning down Whole Foods because you're hungry.)
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