[Bloody Sam Roberts]

So you don't have an opinion on the abuse of the Commerce Clause at the expense of the Tenth Amendment?

In fact, I do. But that opinion is not germane to the discussion of how the Fed abuses, or does not abuse, the 10th.

My original post was sarcasm and aimed at the fact that the prescribing of medical marijuana is very much abused. Those who use the substance should expect problems when trying to apply or maintain an LTC. Right or wrong, like it or not, that's the way it is.

[Ken H]

But that opinion is not germane to the discussion of how the Fed abuses, or does not abuse, the 10th.

Federal anti-gun laws are based on the same expansive view of the Commerce Clause that makes national marijuana prohibition possible, so it is indeed germane.

I quoted from Scalia's opinion in Raich upthread on this page. Here's a quote from Thomas on the same case. Which of the two got it right, in your opinion?

Thomas: 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.

J. Thomas, dissenting in Raich