I love it: Reefer Madness, Know your rights, and Ken H all ahve the same view of the commerce clause power!
"In 1930, Anslinger was appointed to the newly-created FBN (Federal Bureau of Narcotics) as its first Commissioner." Harry J. Anslinger - Wikipedia, the free encyclopedia
He new there was no grounds to prohibit marijuana based on the interstate commerce clause.
We may be in good company.
Alito on Machine Guns and Interstate Commerce
In other words, the majority argues in effect that the private, purely intrastate possession of machine guns has a substantial effect on the interstate machine gun market.
This theory, if accepted, would go far toward converting Congress's authority to regulate interstate commerce into "a plenary police power." Lopez, --- U.S. at ----, 115 S.Ct. at 1633. If there is any sort of interstate market for a commodity--and I think that it is safe to assume that there is some sort of interstate market for practically everything--then the purely intrastate possession of that item will have an effect on that market, and outlawing private possession of the item will presumably have a substantial effect.
Consequently, the majority's theory leads to the conclusion that Congress may ban the purely intrastate possession of just about anything.
http://www.freerepublic.com/focus/f-news/1512977/posts (with link to full text of Alito's dissent)
Perhaps he'll acquire the nickname Thomasito.