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Old 04-22-2010, 01:01 AM   #25
masterboyz

Join Date
Oct 2005
Posts
586
Senior Member
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Under current interpretation, the Commerce Clause puts almost no limitations on the scope of the federal government's powers. Given that Raich affirmed the federal government's power to ban the use of medical marijuana in states that had approved it, I don't see how a Californian law decriminalizing marijuana for recreational use has a chance in hell of surviving. I personally feel that this state of affairs sucks and is an affront to the Founders' conception of federal power, but you kind of brought it on yourself by supporting a statist Democratic party and the activist judges they put on the federal bench...
Raich is why we need more and bigger guns in private hands. They're not scared yet.

How can somebody growing a plant and smoking it on their property fall under any reasonable interpretation of "Commerce with foreign Nations, and among the several States, and with the Indian Tribes?" There's nothing crossing state lines and there's no commercial activity. I recall that Justice Thomas broke with the majority on those grounds, and he was correct in doing so. **** SCOTUS.
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