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To: Equine1952
Good read. Things to ponder and speculate on. We need another Scalia. Hope DJT can get very close.

Scalia wasn't too bad. Another Thomas would be much better.

Scalia wrote Raich, which legitimized all Federal power via the Commerce Clause.

The case was completely insane. With a little luck, a Constitutionalist, Originalist, Texualist, court will reverse Raich and start trimming away at the insane way the Commerce Clause has been used.

Raich held that people growing marijuana in their own home, for their own use, were subject to federal drug laws, because they would not be buying marijuana on the black market, thus affecting interstate commerce.

Explain what the federal government does not regulate, under that doctrine.

23 posted on 06/29/2018 3:43:21 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: marktwain
Raich is simply following Wickard v. Filburn, which is a patent sophistry for conflating actual interstate commerce with possible interstate commerce.

Now Wickard being overturned would be a legal earthquake, as most of the administrative state would disappear, since Congress' authority to pass laws governing so much of our economic activity would be gone.

34 posted on 06/29/2018 5:50:02 AM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens")
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