TheAgitator.com
Thomas…
Monday, June 6th, 2005…was dead-on, and proves to be the only principled federalist with an orginalist view of the Commerce Clause. Nut:
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.[...]
Certainly no evidence from the founding suggests that “commerce” included the mere possession of a good or some purely personal activity that did not involve trade or exchange for value. In the early days of the Republic, it would have been unthinkable that Congress could prohibit the local cultivation, possession, and consumption of marijuana.
Thomas also takes shots at Scalia’s concurring “ends justifies the means” opinion (discussed below):
To act under the Necessary and Proper Clause, then, Congress must select a means that is “appropriate” and “plainly adapted” to executing an enumerated power; the means cannot be otherwise “prohibited” by the Constitution; and the means cannot be inconsistent with “the letter and spirit of the [C]onstitution.”The CSA, as applied to respondents’ conduct, is not a valid exercise of Congress’ power under the Necessary and Proper Clause.
He then explains why the CSA as applied to Angel Raich fails the Necessary and Proper test set out in 1819 in McCulloch v. Maryland, every step of the way.
Thomas then addresses Scalia’s position so directly, he may as well have called him out by name:
In Lopez, I argued that allowing Congress to regulate intrastate, noncommercial activity under the Commerce Clause would confer on Congress a general “police power” over the Nation. 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 (not because it is interstate commerce, but because it is inextricably bound up with interstate commerce), then Congress’ Article I powers–as expanded by the Necessary and Proper Clause–have no meaningful limits. Whether Congress aims at the possession of drugs, guns, or any number of other items, it may continue to appropria[te] state police powers under the guise of “regulating commerce.”
Let it no longer be said that Thomas carries water for Scalia.
He’s easily the most principled and consistent defender of federalism on the court.
For the record…
If the federal government can take you growing a plant in your backyard, harvesting it yourself, and consuming it yourself, call it “interstate commerce” and regulate it, it can literally regulate anything…Radley Balko points out that Justice Thoma…
Marijuana Decision
The Supreme Court, in a 6-3 decision, has ruled that the federal band on smoking marijuana overrides state laws permitting sick people to smoke marijuana to ease pain. I’m with the minority (Justices O’Connor, Rehnquist and Thomas) on this, in…
Supreme Court Supports Federal Thugs
In Gonzalez V. Raich the US supreme court ruled in favor of the federal thugs, justice department and congress, who would deny individuals living in the land of the supposedly free the authority to grow and use marijuana for medical purposes. They had …
Supreme Court rules that the federal government can bar medical marijuana use
From Reuters:The federal government has the power to prevent sick patients from smoking home-grown marijuana that a doctor recommended to relieve chronic pain, a divided U.S. Supreme Court ruled on Monday in a setback for the medical marijuana m…
Justice Thomas
Senator Reid may find him lacking, but Radley Balko says “He’s easily the most principled and consistent defender of federalism on the court.” Sadly, that’s becoming a lower bar all the time. Balko writes on TheAgitator.com: If Congress can regulate…
Hillary Forgets Her Meds, Holds Fundraiser.
So much for Hillary’s much-vaunted move to the center.
Another Nail in Federalism’s Coffin
In a 6-3 decision the Supreme Court today ruled in favor of the federal government in Gonzales v. Raich, opening the door for federal prosecution of medical marijuana patients. The majority’s opinion was based upon the despicable Wickard v. Filburn…
Gone to Pot
I’m still waiting for someone to praise Justice Thomas on his dissent in Ashcroft v. Raich.
Oh, hey, Radley. Thanks….
Free Trading Into Cmmerce Submision
The cruelly ironic twist, though, is that by virtue of deep divisions of labor and decreased barriers to trade, which contribute to a large proportion of our wealth, we have brought more of our lives under the expanded interpretation of the Commerce Cl…
Free Trading Into Commerce Submision
The cruelly ironic twist, though, is that by virtue of deep divisions of labor and decreased barriers to trade, which contribute to a large proportion of our wealth, we have brought more of our lives under the expanded interpretation of the Commerce Cl…
Being serious is no fun
I hate to get serious after that last post (criticized for an excess of “timidity”), but some serious things did happen yesterday. First, my serious thanks to John Hawkins at Right Wing News on making Classical Values Website of the…