Am I Here?
October 23, 1991 – current
|From Justice Thomas's dissent in
Gonzales v. Raich
"Respondent's local cultivation and consumption of marijuana is not Commerce ... among the several States."
"Certainly no evidence from the founding suggests that "commerce" included the mere possession of a good or some personal activity that did not involve trade or exchange for value. In the early days of the Republic, it would have been unthinkable that Congress could prohibit the local cultivation, possession, and consumption of marijuana."
"If the Federal Government can regulate growing a half-dozen cannabis plants for personal consumption (not because it is interstate commerce, but because it is inextricably bound up with interstate commerce), then Congress' Article I powers -- as expanded by the Necessary and Proper Clause -- have no meaningful limits. Whether Congress aims at the possession of drugs, guns, or any number of other items, it may continue to "appropria[te] state police powers under the guise of regulating commerce."
"If the majority
is to be taken seriously, the Federal Government may now
regulate quilting bees, clothes drives, and potluck suppers
throughout the 50 States. This makes a mockery of Madison's
assurance to the people of New York that the "powers
delegated" to the Federal Government are "few and defined",
while those of the States are "numerous and indefinite."
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