Gonzales v. Raich

Wednesday, June 8th, 2005

Justic Thomas, dissenting:

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.

I particularly enjoyed this bit, in the style of Voltaire — or Michael Myers’ coffee-talker, Linda Richman:

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.

“The Italian Neo-Realist Movement in film was neither Italian nor neo nor particularly a movement. Discuss!”

“The Partridge Family were neither Partridges nor a family. Discuss!”

“The Holy Roman Empire was neither holy, nor Roman, nor an empire. Discuss!” (OK, maybe Voltaire didn’t say “Discuss!”)

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