So remind me again, Justice Scalia, how putting people in jail for the noncommercial cultivation and use of marijuana in California by California residents for medical purposes as allowed by California law comes within Congress's power to "regulate commerce ... among the several states." Unless you were an advocate of the "argument of flexibility" and the idea that the Constitution "has to change with society like a living organism," you would have to be an idiot to believe that the Necessary and Proper Clause somehow allows Congress to also regulate noncommercial intrastate activity with no substantial effect on interstate commerce, no?
Thanks for the link.
Thats interesting what you posted. Scalia is often viewed by both the left and the right as a huge Federalist. He is really not. Scalia's views on this were known before he was on the court. He once aired his view that once AMericans signed on the the new deal legislation that in many ways they made a descision to alter the whole concept of Federalism. He is still sympathetic to the Federalist camp but he is not a Rehquist or Thomas on this issue