[highball]

So you think that states can set thier own policy? What if Arizona decides to let illegal immigrants in as long as they're bringing a pound of marijuana each for state revenue? It's a state thing you know.....

That's a red herring. Border control is properly a matter for the Feds, falling under national defense and therefore being specifically enumerated in the Constitution.

You also illustrate the problem with the Commerce Clause. Defined broadly enough, there's nothing that the Feds can't usurp from the states.

I think th 10th ammendment is often exercised by the people (people being plural) of various states (states) being plural.... elect represenatives who decide what laws they want to live by. Both on a local and federal level.

So what laws do you think the states have a right to make? Are there any matters that you think the states have a right to decide, or does the federal government always get to trump the states?

[kjam22]

The federal government is our represenatives. We the people elect the senators and represenatives. I would rather they didn't create as many laws as they create, and left more room for local or state laws. But I get out voted on that. However, I REALLY would rather the legislative body create the laws instead of the S.C. creating them.

[seacapn]

Here is a link to Thomas's dissent:

http://wid.ap.org/scotus/pdf/03-1454P.ZD1.pdf

The majority holding:

http://wid.ap.org/scotus/pdf/03-1454P.ZO.pdf

Scalia's concurrence:

http://wid.ap.org/scotus/pdf/03-1454P.ZC.pdf

[BlazingArizona]

That's a red herring. Border control is properly a matter for the Feds, falling under national defense and therefore being specifically enumerated in the Constitution.

A better argument: in general, states shold be able to set their own policy in any area that does not prevent other states from choosing differently. If Arizona were to start letting illegal aliens in without restriction, the right of neighboring states that may wish to set different policies would be infringed. But one state allowing patients to grow their own wacky weed, no interstate commmerce involved, does not affect the right of neighboring states to be more restrictive.