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Politics : View from the Center and Left
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To: Dale Baker who wrote (518)6/9/2005 12:51:06 PM
From: TimF  Read Replies (1) of 541659
 
Too bad marijuana use couldn't have a landmark case ruling on its own merits.

On what grounds?

Congress made marijuana illegal. That law could be struck down with the argument that the feds don't have the right to regulate commerce within a state (or non-commercial use of drugs), but the supreme court explicitly decided otherwise. I think its a bad decision but if the court really did limit the commerce clause to the plain meaning of the words than the court would have to strike down a lot of other federal laws and programs. I don't see how it is possible that the feds really have this power but not when it involves marijuana. If they have the power to protect endangered species within a state, and to set disabled access regulations for a company that only operates within a state (and doesn't sell to the feds, or deal with any area where the feds are granted power by the constitution), than they have the right to regulate marijuana whatever the state may think about it. If the court says they have that power then it can't reasonably claim regulating marijuana is unconstitutional. There is no specific constitutional right to use marijuana or to be "allowed to do pretty much what they like if it doesn't hurt others".

If you want the feds to keep all the powers they have grabbed to themselves but you want the states to be able to deal with marijuana the way they want to, than you shouldn't call for "a landmark case" in courts but rather you should wish for congress to repeal some or all of the federal drug laws. Alternativly you reconsider supporting a more federalist/states rights view.

Tim
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