Monday, July 14, 2014

Justice for Justice...

Let it be known that I am against the legalization of marijuana in all current forms.  However, more than that, I am against the Federal Government mis-using the Constitution...

In GONZALES V. RAICH (2005), the Supreme Court ruled that the United States Congress can prohibit the use of marijuana by the citizen of a State, even if that marijuana was not for sale, was never intended to be sold, never left the State, and was never intended to leave the State.  If you know little about law enforcement you might say, "Yes, the Federal Government can make that illegal." It is more complicated than that.  But, at the same time, it is simple.  The Federal Government is constrained by the Constitution.  It is a limited government, with certain enumerated powers.

This is why we currently have several states legalizing possession and use of marijuana for recreation…in violation of Federal Law.

Back to RAICH…the Supreme Court ruled that somebody growing marijuana in their own residence, for personal use, was a violation of Federal Law, because of the Commerce Clause.

Remember your history?  One of the main reasons we have a Constitution is because the States were fighting each other, with no supreme law.  So Congress shall have the power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

But remember, what if the Marijuana was never part of commerce, and was not between two States?  No matter.


"…Raich use[d] 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..."

"…This is no less the case if Congress ties its power to the Necessary and Proper Clause rather than the Commerce Clause.  When agents from the Drug Enforcement Administration raided Monson's home, they seized six cannabis plants.  If the Federal Government can regulate growing a half-dozen cannabis plants for personal consumption, then Congress' Article I powers-as expanded by the Necessary and Proper Clause-have no meaningful limits..."

 - Clarence Thomas, in his dissent


LL said...

I concur with you and Justice Thomas.

And if you want to find one Supreme Court Justice that I always seem to concur with, it's Justice Clarence Thomas.

Euripides said...

The Raich opinion set us on the path to allow the federal government to regulate anything. Then the Obamacare opinion set us on the path to allow the federal government to force everyone to buy something, even if they don't want it. Basically, the US Constitution is dead.

Woodsterman (Odie) said...

So, our present day federal government is one giant contradiction.