Pubdate: Sat, 11 Dec 2004
Source: Contra Costa Times (CA)
Copyright: 2004 Knight Ridder
Author: Tom Halla
Cited: Raich v. Ashcroft ( )
Bookmark: (Opinion)
Bookmark: (Cannabis - Medicinal)


I sometimes have the conceit that "gun control" was a subtle ploy to
teach right-wingers constitutional law. The left might have a similar
opportunity with medical marijuana.

The traditional interpretation of the Constitution was that the
federal government has no general police power (reference the doctrine
of "enumerated powers"). This has been in conflict with the liberal
desire to "do something" about almost everything, and to do so on a
federal level.

On the merits of the case, the court should rule that the federal
government has no jurisdiction.

The problem for liberals is that, to rule in favor of the California
law, the court would have to, in effect, overturn several decisions
that enabled the "New Deal."

I seriously doubt that they realize that tradeoff exists.

I do wonder if they even care.

Tom Halla

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