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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.
... local cultivation and consumption of marijuana is not "Commerce . . . among the several States." U. S. Const., Art. I, §8, cl. 3. By holding that Congress may regulate activity that is neither interstate nor commerce under the Interstate Commerce Clause, the Court abandons any attempt to enforce the Constitution's limits on federal power.
Originally posted by CaptainJailew
Its called the supremacy clause, states can not supercede the authority of the (big F) Federal government. If a state decided to make murder legal, the national government would step in to prosecute them to ensure that the will of the (general) public is served even if the constituency in that single state supports that law.
Originally posted by CaptainJailew
Its called the supremacy clause, states can not supercede the authority of the (big F) Federal government. If a state decided to make murder legal, the national government would step in to prosecute them to ensure that the will of the (general) public is served even if the constituency in that single state supports that law.