Wednesday, June 08, 2005
Re: Gonzales
Nick, I think crux of the problem still goes back to the Wickard decision. The majority says that growing marijuana in the home for home use has an effect on the total market for marijuana (those medicinal users are no longer buying from Cooley-Jay on the corner) just like Wickard growing wheat to use on his own farm affected the national wheat market. Of course by that logic, me riding my bike to work affects my gas consumption and therefore the national market for gasoline. Congress can therefore regulate my bike-riding. I do not dispute that these actions have effects on the whole markets for certain goods, but is that the purpose (or scope) of the commerce clause? I would like to see someone utilize the Ninth and Tenth Amendments to attack commerce clause legislation.