Commerce Clause

Can the government really take what is not commerce and does not cross state lines? Apparently the feds have been winning cases like this since the 1940s. At what point will the commerce clause cover all non-economic activity?


en.wikipedia.org/wiki/Wickard_v._Filburn

en.wikipedia.org/wiki/Gonzales_v._Raich

how the fuck do you figure one of the biggest industries right now in california and colorado isn't commerce or economic activity?

Judges nullify the constitution, Op.
It was intended that states have almost total domestic power, including the right to allow slavery.
That's been nullified by the courts. Amazing, huh?

INTERSTATE you fucking mong.

How isn't it commerce or economic?

IDK, maybe because you can grow it yourself.

I can grow a lot of things myself that doesn't mean its not economic or commerce. Stop being a whiny bitch and respect your laws.

>he thinks pot grown in California won't be sold across state lines

It's not a matter of IF it's sold across state lines or not. They can't regulate commerce that doesn't cross state lines. Very clear in the constitution.

How is growing something for personal consumption economic or commerce? What the hell happened to state's rights?

>Muh States rights
its not 1776 anymore centralized government controls your country get used to it.

Even with a more conservative view of the commerce clause if they can prove you are conspiring to move it across state borders they can get you

>get used to it.

I bet you a ton of canadian money that this was not the tune during Obama's years.

I might have not liked Obama but I didn't think that states should have more power simply because of Obama.

Not asking for more power, just a reconsideration as to what power is spelled out in the constitution.

I'm ready to go to war with the USA.
But weed has nothing to do with it.

Sadly the majority seem to like the system of the federal government controlling most aspects of what can and can't be sold, or what drugs are or are not illegal. I guess your best bet would be to write your congressman/senator/state senator. or run for office yourself.

A farmer who grew corn for his own use challenged the commerce clause. The government said that although he didn't send the corn out of state, the fact that he grew and used his own corn could have possibly resulted in less corn being imported into his state for his use...so interstate commerce was affected! Government never lets no stinking constitution from doing whatever they want.

Yep, and US attorneys use that definition heavily.

I wouldn't take my vote for Trump back but this is fucking retarded for all the same reasons that the tax cuts and overall deregulation is so great. I hate smoking pot, but let people do what they want, it's for the greater good. And I don't mean that in some "Darwinian" sense.

...

I guess you could try and over throw the government good luck with that.

COMMERCE CLAUSE SMASH!!!

America is controlled from the bottom-up, you leaf communist.

The two cases he cited, and which are precedent making Supreme Court cases taught in every ConLaw class in the country, deal with the government punishing people for completely private activities with no commerce involved at all.

First one: New Deal commie law regulated how much wheat someone could grow. One family grew too much wheat on their private farm and the govt fined them because they were growing too much wheat and therefore wouldn’t be going to the “market” to buy wheat, which indirectly hurts the interstate wheat market. This terrible decision is the result of an FDR packed court.

2nd case: Medical MJ patient grows her own weed. The federal govt uses the commerce clause to claim jurisdiction over punishing her even though 1) weed is illegal federally so there is no market for her to disrupt, and 2) she wasn’t selling the weed. This court’s terrible decision came because it was filled with Christian conservatives and boot liberals, and it only followed the original case’s wrong precedent bc they wanted to let the Feds clamp down on Med MJ somehow someway.