What do states’ rights, federalism, global warming and pixie dust have in common?
None of them exist. By abuse of the commerce clause, the Supreme Court (in Raich) has abandoned federalism and ruled (6-3) that sick or dying people can get arrested by the feds for smoking weed to alleviate pain even if state law allows it.
Good summary here.
Also, you know something is screwy when Howard Dean starts making sense.
And Mike is back and, man, is he angry. On the basis of the judgment:
A farmer, named Wickard, grew wheat on his own farm for his own use. This was in excess of what the federal government allowed him to grow, so they arrested him.
Think about that for a minute.
Wickard went to court, and lost. Why? The commerce clause, of course. Since the feds have the power to regulate interstate commerce, they therefore have the power to regulate how much a wheat a farmer grows for his own use. Incredibly, this was based on the logic that any wheat he grows for himself is wheat that he would have otherwise purchased! That means that his personal garden falls under the commerce clause, and the federal government can, and did, tell him exactly how much he could plant, and arrested him when he failed to comply.
And dissenting Justice Thomas writes:
If the majority [of the Supreme Court] is to be taken seriously, the Federal Government may now regulate quilting bees, clothes drives, and potluck suppers throughout the 50 States.
One searches the Court’s opinion in vain for any hint of what aspect of American life is reserved to the States.
Xrlq on Thomas:
Justice Thomas did not disappoint (except, of course, in the sense that he did disappoint the allegedly non-racist moonbats who expect him to vote reflexively with Justice Scalia every time) . . .
Radley Balko on Thomas:
He’s easily the most principled and consistent defender of federalism on the court.
In the last few years, the supreme court has quashed free speech; federalism; right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures; and states’ rights. I expect that property rights will be next.
One of the plaintiffs has said she will defy the ruling:
“I’m going to have to be prepared to be arrested,” said Diane Monson, who smokes marijuana several times a day to relieve back pain.