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In a number of recent Supreme Court decision
they have ruled that the U.S. Government can do
anything it damn well pleases and it's power
is essentially unlimited per the Interstate Commerce clause
of the U.S. Constitution.
Of course a good number of freedom fighters and civil rights advocates disagree with that but sadly we have to live with that incorrect decision because the Supreme Court's rulings are the top laws of the land. The Interstate Commerce clause of the Constitution which is Article I, Section 8, Clause 3 says: [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;The government rulers have said that means if you do something in one state that might effect Interstate Commerce then Congress has the power to regulate and control it. And sadly the judges on the Supreme Court have bought and agree with that logic. In the recent California medical marijuana case the Feds said: if you grow some medical marijuana in California that you might take that medical marijuana to another state and the medical marijuana might affect interstate commerce therefore the Feds have the right to forbid you to grow marijuana anywhere in the USA.Sadly the Supreme Court bought that lie and ruled that the Feds have the right to regulate marijuana. That same convoluted logic has also been used to ban guns. Again the Feds told the Supreme Court this line: if you manufacture a gun in Arizona that you might take that gun to another state and the gun might affect interstate commerce therefore the Feds have the right to forbid you to manufacture guns anywhere in the USA.Why is that reasoning a bunch of hogwash? All you have to do is go back to the days of the Prohibition to figure out that. If the Interstate Commerce clause of the Constitution gives the Feds the power to ban growing marijuana it should also give the Feds the power to ban liquor and any other form of booze. But it doesn't. When Congress wanted to make liquor illegal in the United States it know the Constitution didn't give them the power to do it. So Congress went to a lot of work passing the 18th Amendment which did give Congress the power to make liquor illegal in the USA. This is the part of the 18th Amendment which give Congress that power: After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.Now last time I check Congress has not passed any amendment to the Constitution which allow Congress to ban the sale of marijuana or any other drug. Nor has Congress passed any amendment to the Constitution which allow Congress to ban the manufacture of guns in the USA. Of course the Supreme Court despite it's infinite wisdom has not figured out that! Now the Obama Administration has been using the same convoluted logic to say that the "Obama Care" health plan where the Feds force people to buy health insurance is constitutional under the Interstate Commerce clause. The good news is a Federal appeals court recently said that was a bunch of BS and the Feds don't have the power to force people to buy health insurance. Of course we still have to wait for the Supreme Court to rule on "Obama Care". |