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Posted by Matt from CT on June 24, 2005 at 09:59:35 from (66.181.93.142):
In Reply to: Re: Supreme Court Ruling posted by tortmort on June 24, 2005 at 08:57:50:
The Marijuana decision of a few weeks back, the 3 in the minority where among the 4 in the minority on the New London property case. In the medical marijuana case, Justice Stevens said (thanks to Google:) "Congress' power to regulate purely activities that are part of an economic 'class of activities' that have a substantial effect on interstate commerce is firmly established" O'Connor, with Rhenquist and Thomas, rightly IMHO called them on this -- Marijuana grown in a person's own backyard, and neither being sold (i.e. commerce) or crossing state lines (i.e. interstate) is hardly interstate commerce...and the Federal Gov't has no jurisdiction. It was a state matter. Conservatives like that dissent, just like they like the dissent on the New London case (that Public Use doesn't mean so we can sell it to another private person...) The Right i.e. people who like to expand gov't power, liked the majority on the Medical Marijuana case 'cause it gave/re-inforced powers the Federal government had assumed. Even though I can't imagine a strict constructionist in the world who could think something grown on your own property, for your own consumption, with no money changing hands, and not even crossing a state border could fall under "interstate commerce."
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