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Wednesday, June 08, 2005


Monday's SCOTUS decision regarding marijuana that was grown and used entirely by the grower was declared to be under the authority of the federal government's Commerce Clause. The rational, according to the Majority, is that it COULD have been sold in an interstate market and that by growing their own, they were not purchasing their marijuana from other states, which also affects interstate commerce.
In her dissent, Justice O'Connor said that the decision can be read to affect ANY industrious activity. This could be anything from sewing your own clothes and growing your own veggi's, to holding a bake sale for your kid's music program. All can be regulated now by the federal government under the Interstate Commerce Clause.
Agreeing with O'Connor is Justice Thomas. He even went further than O'Connor by claiming that the Controlled Substances Act (CSA) is un-Constitutional. GO CLARENCE!
This issue divides conservatives. Limbaugh, for instance, supports states rights, while Hannity argues in favor of the Commerce Clause (so much for Hannity's promotion of freedom).
The two most liberal judges, Kennedy and Ginsburg, supported the feds. Interesting, they would rather see sick people suffer, erode the Tenth Amendment, and increase the law-enforcement authority of the federal government, while a judge like Clarence Thomas supports the rights of a state to allow people to self-treat themselves.


Blogger greeseyparrot said...

And Rehnquist and Scalia voted how?

6:47 PM

Blogger The Plumber said...

In Gonzales v. Raich, Rehnquist sided with the minority without writing a dissent. Scalia sided with the majority; a surprise to many court watchers. The vote was 6-3.

BTW, your blogger name is hilarious.

9:51 AM


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