Limited and Enumerated Powers
In June, the Supremes ruled that the Feds can prosecute medical marijuana users regardless of whether they were following the letter of their states’ laws permitting it. The justification was an interpretation of the Commerce Clause, empowering Congress “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
Clarence Thomas’ dissent got it right.
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.
Didn’t we once have a Tenth Amendment?
That's two high-profile Supreme Court decisions on which I agree more with the conservative judges (the other being the decision on the taking of private property for private development). It's getting hard to tell the ideologies without a scorecard.
Posted by Jimcat on August 30 2005 12:05
While this is the most obvious example of the Supremes granting powers not in the Constitution I know of, you notice we haven't heard the usual suspects crowing about activist judges legislating from the bench regarding this issue? Quel coincidence.
Posted by Zed on August 30 2005 14:33