In case you haven't heard, the Supreme Court today ruled that the federal government can prosecute those who use marijuana for medicinal purposes, even if such use has been legalized in their state of residence, and even if that marijuana is grown and consumed locally. The reasoning is that this somehow falls under the federal government's constitutional powers to regulate interstate commerce.
Clarence Thomas, in a dissenting opinion, writes:
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....
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 Madison's 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 "ìnumerous and indefinite." No. 45, at 313 (J. Madison).
Antonin Scalia: Hello? States Rights? The hippies on the Court — who sided with the majority — were at least consistent, even if it did mean ruling against the ganj.
Posted by cradle at June 6, 2005 09:43 PM