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AlbertJayNock

credit where credit is due

I have to give some kudos to President Obama and his AG Eric Holder for allowing states to legalize medicinal marijuana. It's refreshing to hear anyone in Washington say, as White House spokesman Nick Schapiro did, that "federal resources should not be used to circumvent state laws".

The linked article points out that this is a departure from Bush's policy of " [raiding] medical marijuana growers and clinics, prosecuting suppliers under federal drug laws and pressuring commercial property owners to evict marijuana dispensaries by threatening legal action."

The article pretty much spanks George Bush and for this he should be spanked. He called himself a conservative and conservatives are supposed to believe in states rights, by gum! Bush's policy led to the Gonzales vs. Raich decision, which says that the interstate commerce clause of the United States constitution allows the federal government to ban or regulate ANY sale of marijuana, even if it's not across state lines.

I guess this is true, given a broad enough definition of interstate commerce. Of course, given a broad enough definition of ham sandwich, I am a ham sandwich. Most folks would say I am not because they have a common sense definition. The same common sense should be applied to interstate commerce.

Clarence Thomas, in his dissent, pointed out the absurdity of such a  broad definition of interstate commerce:

"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."

God bless Clarence Thomas for his defense of our constitution. And God bless Barak Obama and Eric Holder (wow, never thought I'd say that) for giving a measure of sanity to federal drug policy.

Comments

Agreed, good on them. Clarence Thomas seems like a pretty sane guy from what I've heard of him...which isn't much. :D
Obama is still...well, :(...on economics though.