Wednesday, June 08, 2005

Re: Gonzalez

Wasn't there a case in the late 90s involving an Indian tribe suing a state (fla maybe...I think it was a southern state, but maybe I am way off) in which the court decided that the commerce clause could not be used by the federal government to annul the sovreign immunity of states granted in the eleventh (?) ammendment (sorry...I'm not the polysci buff you jerks are so I may be off). Has that decision since been overturned? In that case it applied (I think) to the fact that the state refused to meet with the injuns to discuss the opening of a gaming casino, not quite marijuana I suppose, but if home grown, home used products can affect commerce, I see no reason that a casino cannot, and in this case the court ruled in favor of states rights to dictate its commerce. So, is the court contradicting itself now, or am I too simple to grasp the intricacies of such politics?

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