Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: AZRepublican
While the diversion of homegrown wheat tended to frustrate the federal interest in stabilizing prices by regulating the volume of commercial transactions in the interstate market, the diversion of homegrown marijuana tends to frustrate the federal interest in eliminating commercial transactions in the interstate market in their entirety. In both cases, the regulation is squarely within Congress’ commerce power because production of the commodity meant for home consumption, be it wheat or marijuana, has a substantial effect on supply and demand in the national market for that commodity.

-Ashcroft V Raich

The Federalist No. 51, p. 323 (C. Rossiter ed. 1961) (J. Madison). By limiting the states and Congress to their proper prerogatives, the People would enjoy greater freedom since the structure of federalism would prevent Congressional overreaching into local affairs. The people would have two servants, not two masters. Federalism is concerned with individual liberty, not "state sovereignty" or "power."

6 posted on 08/22/2006 11:33:53 AM PDT by AdamSelene235 (Truth has become so rare and precious she is always attended to by a bodyguard of lies.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: AdamSelene235
That statement misses the mark. A better way of phrasing it would be federalism is concerned with the liberty of individuals to self-govern themselves, which makes "state sovereignty" very important because the States is where the "people" are found.
7 posted on 08/22/2006 11:39:15 AM PDT by AZRepublican ("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
[ Post Reply | Private Reply | To 6 | View Replies ]

To: AdamSelene235
By limiting the states and Congress to their proper prerogatives, the People would enjoy greater freedom since the structure of federalism would prevent Congressional overreaching into local affairs.

And not only by limiting Congress. If the states aren't forced to harmonize regulations, they in effect compete to be the most desirable in which to live or to do business. When there is a massive hand leveling the regulatory climate in all the states, the overall level is enabled to become far more tyrannical than it otherwise might be.

In fact if there were some practical way to do it, I would prevent the states from even knowing each others laws, except as necessary to honor marriages contracts, etc.

As it is, if one state gets some freedom abridging idea, it's not long before other states pick it up at conferences thus rendering the whole competition moot.

8 posted on 08/22/2006 11:58:23 AM PDT by Still Thinking (Quis custodiet ipsos custodes?)
[ Post Reply | Private Reply | To 6 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson