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We actually have such an amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserve
by PhantomGremlin 11y ago
We actually have such an amendment:
The powers not delegated to the United States by
the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people.
Unfortunately the Supreme Court treats it like a fucking joke[1]:
Even though the woman grew cannabis strictly for her own consumption and never sold any, the Supreme Court stated that growing one's own cannabis affects the interstate market of cannabis. The theory was that the cannabis could enter the stream of interstate commerce, even if it clearly wasn't grown for that purpose and that was unlikely ever to happen (the same reasoning as in the Wickard v. Filburn decision). It therefore ruled that this practice may be regulated by the federal government under the authority of the Commerce Clause.
[1] https://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitution#Commerce_clause https://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_...
- unabridged 11y agoI like to think of it more as a Ninth Amendment issue: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people Just because a "right to the free development of personality" isn't specifically listed doesn't mean we don't have it.