Saturday, June 11, 2005

My Pick for Chief Justice

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.
Justice Clarence Thomas in his dissent in Gonzales v Raich (03-1454)
Here's another quote from his dissent:

If the majority is to be taken seriously, the Federal Government may now regulate quilting bees, clothes drives, and potluck suppers throughout the 50 States. This makes a mockery of Madison’s assurance to the people of New York that the "powers delegated" to the Federal Government are "few and defined," while those of the States are "numerous and indefinite."
Just for recognizing that the federal government is actually limited by the Constitution sold me. Now, if only there were a strict constructionist majority on the Supreme Court. . .

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