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To: Jim Robinson

And thanks to you, we are making our case heard. That won’t be enough, unfortunately. We will need to get a reliable fifth and sixth originalist vote on the Court.


30 posted on 12/25/2009 2:38:38 PM PST by centurion316
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To: centurion316
We will need to get a reliable fifth and sixth originalist vote on the Court.

AFAIK, Clarence Thomas is the only Commerce Clause originalist on the Court:

Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything, and the Federal Government is no longer one of limited and enumerated powers.

Justice Thomas, dissenting in Raich

___________________________________

Scalia sided with fedgov:

"...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce."

Justice Scalia, concurring in Raich

51 posted on 12/25/2009 4:01:09 PM PST by Ken H
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