Justus For All

None Sine Causa

Raich v. Ashcroft

5:02 pm on Tuesday, November 30, 2004

Here is a great resource on the Raich v. Ashcroft Supreme Court case.

Basically the case is about whether the Federal Government has the power to regulate medical marijuana under the inter-state commerce clause of the constitution even if the activitiy in question neither crosses state boundaries or is commercial in nature.

My personal belief is that the constitution doesn’t give the Federal Government the right to outlaw drugs even when the activity is commercial and crosses state boundaries (thats why we needed an ammendment to outlaw liquor after all) but regardless of that, this case is very interesting, and probably the most important case the Court has heard in a while.

This bit here gives a feel for how important this case is:

I’ve seen nothing in the Government’s materials that gives them a good answer to the question “If we overturn Raich, can you name any activity that is outside the reach of the Federal government?”

Should the Government win this case, Federalism will be effectively dead.

(via Caffeine Dreams)

6 Comments »

Comment by MacBoar

November 30, 2004 @ 8:20 pm

The Libertarian in me just laughs my ass off!!! Here the Govt wants to control what the states legalize and/or regulate while at the same time touting the ’states rights’ when it concerns same-sex marriage. It would be truly laughable if it were not so sad. After all, it’ not just one or two states to pass Medical Marijuana, it’s 20 percent!

If Scalia and Thomas vote against this, they are hypocrites.

Comment by Dave Justus

December 1, 2004 @ 2:35 pm

I would hope that the court will be unanimous for Raich. As far as I can tell, although I’m certainly not a lawyer, this is an obvious case.

Comment by cubicle

December 1, 2004 @ 7:22 pm

well seeing how the federal goverment has the power to regulate they food that you grow on you own land and sell (even if it is a small amount) given historical precedent this case should kill federalism easilly, but if this case is as clear cut as you say dave, what will be the results of it if they side of state’s rights is taken?

Comment by Dave Justus

December 2, 2004 @ 6:41 am

The effect if the court sides with the States rights argument will depend a lot on the logic they use for their decision. If they go for a narrow ruling (as is probably most likely) it will set precendent that at least in non-commercial non-interstate activities the Federal Government has no jurisdiction.

If they rule more expansively it might have greater effect on other practices (theoretically it could undermine much of the Drug war and other federal programs) but I think this is very unlikely.

Comment by honestpartisan

December 2, 2004 @ 11:17 am

I’m against the drug war, too, but on the merits rather than on constitutional grounds. The interstate commerce clause is the basis for a variety of congressional acts, from minimum wage laws to wheat quotas to the public accommodation provisions of the Civil Rights ACt of 1964. Since I take the Oliver Wendell Holmes view that “the Constitution was written for people with differing views” (from his Lochner dissent), I believe that, as much as possible, decisions on these issues should be made by democratically-elected legislatures rather than unelected judges.

Comment by Dave Justus

December 2, 2004 @ 12:22 pm

I am against the Drug war for both reasons.

HonestPartisan said: “I believe that, as much as possible, decisions on these issues should be made by democratically-elected legislatures rather than unelected judges.”

While I agree with that, only a Judge can decide which of two competing legislatures has juridiction. In this case, does the California Legislature have the right to control this activity or does the U.S. Congress have this right.

RSS feed for comments on this post. TrackBack URI

Leave a comment

XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

 
  • quiting smoking
  • which is better lavitra or viagra
  • what is better levitra viagra cialis
  • viagra pay by e-check
  • xelox xeloda
  • order soma
  • levitra drug interaction
  • vacuum pump
  • spironolactone and acne
  • hair loss information prevent propecia
  • hair loss solutions
  • herbal viagra
  • viagra pills cod
  • levitra for ed
  • pill cutter propecia dosage
  • levitra wheener
  • pharmacy questions in mumbai
  • cialis canadian drugs
  • cheapest priced propecia
  • buy cheap viagra online uk
  • how to enlarge my penis
  • board of pharmacy
  • hair loss solution
  • pain upper arm muscle
  • accutane online prescription
  • herbal viagra reviews
  • cialis viagra levitra trusted pharmacy catalog
  • pain meds online
  • 1mg or 5mg propecia
  • cialis icos lilly
  • order propecia prescriptions
  • cheapest price propecia cheap
  • generic ratings review propecia
  • canada in levitra
  • extemporaneous solution xeloda
  • levitra qu es
  • fixing erectile dysfunction
  • bupropion hcl
  • try levitra for free
  • cialis testimonial
  • viagra coupons
  • cheapest viagra in uk
  • discount tadalafil
  • cialis without a prescription
  • levitra viagra or
  • buy propecia generic
  • effectiveness of propecia
  • minoxidil vs propecia
  • levitra vs flomax
  • viagra in the water
  • mail order viagra in uk
  • fda approved weight loss drugs
  • acne granites natural treatment
  • tadalafil tablets
  • soma mandal
  • does cialis work the first time
  • cheap drug propecia retin zoloft
  • buy cialis doctor online
  • stop hair loss
  • retin-a micro no prescription
  • tramadol medicine
  • viagra premature ejaculation
  • cialis 36 hours
  • canine tramadol
  • viagra levitra cialis
  • levitra aspirin
  • acne pimple naturist treatment
  • online pharmacy viagra cialis levitra manufactures
  • generic propecia effective
  • cialis 20 mg discoun
  • viagra plus cialis
  • cialis 10 20 mg
  • boots viagra
  • problems with taking cialis and propecia
  • zyban depression
  • cheap viagra new zealand
  • retin a buy
  • bupropion
  • online phamacy viagra
  • retin-a gel
  • long term side effects of propecia
  • cialis promise
  • online pharmacy degree
  • info on propecia
  • watson soma
  • search viagra edinburgh phentermine find
  • levitra tablets
  • levitra users
  • stop smoking shot
  • fosamax adverse effects
  • muscle pain and weakness
  • pill prescription propecia
  • cures for acne
  • viagra for men
  • order propecia online from dreampharmaceuticals
  • can from propecia who
  • cancer esophagus xeloda
  • viagra next day shipment
  • viagra low cost
  • erectile disfunction herbs
  • building muscle without weights
  • what is cialis
  • cheapest propecia
  • apcalis levitra vs
  • muscle building supplements
  • levitra and hearing loss
  • ed drugs
  • effects of propecia on pregnancy
  • xeloda dizziness
  • generic cialis soft
  • herbal viagra
  • atlanta accutane injuries
  • levitra diabetic patients
  • levitra versus cialis
  • cialis vs levitra
  • acne treatment
  • where to buy viagra online
  • 5mg of propecia for hair loss
  • tretinoin gel
  • buy clomid
  • zyban uk
  • cures for acne
  • tramadol hcl 50 mg
  • generic cialis overnight delivery
  • generic cialis 1.00 per pill
  • levitra duration of action
  • cialis malaysia
  • female muscle growth
  • success rate clomid
  • levitra faq
  • retin a wrinkles
  • premarin miscarriage
  • cialis cost
  • where can i buy propecia
  • list of muscle relaxers
  • xeloda and breast cancer
  • levitra drug indication
  • cialis prescription latin
  • retin-a micro
  • caremark mail service pharmacy
  • cialis for sale in dublin
  • male penis enlargement
  • tramadol medicine
  • buy cialis on line
  • discount propecia propecia
  • xeloda assistancwe
  • levitra at walmart
  • buy viagra in uk
  • cialis en ligne de pharmacie
  • viagra danger dogs
  • natural approach to curing acne
  • cialis and levitra viagra online brand
  • viagra ad
  • levitra abuse
  • levitra qu es
  • levitra erectile dysfunction
  • cialis to buy new zealand
  • online soma
  • order propecia rx care canada
  • non prescription ed drugs
  • clomid success stories
  • levitra pens
  • levitra sale
  • online ed drugs viagra samples package
  • hair loss treatment
  • ptnrs searchfor levitra
  • generic prescriptions propecia
  • cheapest tadalafil
  • cost of levitra
  • birth defects propecia
  • buy propecia and proscar
  • viagra natural
  • fast muscle building
  • generic for propecia
  • propecia for male baldness
  • from generic india viagra
  • generic drugs for cialis
  • viagra tutorial
  • generic fosamax
  • buy levitra online in 24 hours
  • anavar hairloss and propecia
  • order propecia prescriptions
  • cialis reviews
  • build muscle
  • effects of levitra
  • muscle building supplement
  • levitra users
  • acne muds natural treatment
  • xeloda and cold feet
  • herbal muscle relaxers
  • clomid spotting
  • rapid tabs viagra
  • fda approved penis enlargement
  • buy cialis on line
  • in muscle pain
  • viagra for doggies
  • edinburgh pages search viagra report
  • method to quit smoking
  • groin muscle pain
  • generic online prescription propecia ultram ultram