Unfortunately, we cannot count on Justice Scalia to uphold the Constitution on this. He voted correctly in the Lopez decision, but then, the War on some Drugs got the best of him and the Constitution with the Raich decision, where he voted that the Commerce clause included virtually everything.
Here is an article about it:
Good article. Succinct.
“he Commerce clause included virtually everything.”
That’s the major problem.
Thanks. I was going to say that the commerce clause has been used VERY successfully by the Feds to prosecute folks in CA, even though CA passed the Medical Marijuana laws. Here’s where we see a disconnect with SO many people on the “right” side. You can’t regulate some things and enforce it using the commerce clause and not expect it to be used against you in others circumstances you may be bothered by.