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Interesting question! I'll give my take on it, which ties the answer to a 1942 wartime court case called Wickard v. Filburn. The Tenth Amendment states the pow
by jwess 8y ago
Interesting question! I'll give my take on it, which ties the answer to a 1942 wartime court case called Wickard v. Filburn.
The Tenth Amendment states the powers not delegated to the federal government by the Constitution are reserved to the States or to the people. The existence of some federal agencies may contradict the 10th Amendment, but the US Gov. has good reason to set policies on nuclear material regulation (Dept. of Energy), or airspace rules (FAA), and many other policy areas which could not have been foreseen at the time of the Constitution. The Framers of the Constitution could have written a clause allowing the government to regulate alcohol, cannabis, or any of the intoxicating drugs that existed at the time (opium?), but they didn't, so what is the basis for the 1970's Controlled Substances Act?
The specific precedent utilized by the CSA is based a very, very loose interpretation of the Interstate Commerce Clause, which states the Federal Government has power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". This clause is important to prevent States from placing taxes and tariffs on goods from other States, but in a 1942 wartime decision the Supreme Court greatly expanded the interpretation of this clause, giving power to the federal government to regulate or prohibit any economic activity (including economic activity involving drugs).
In 1942 the US Government had placed quotas on wheat production to stabilize prices during wartime (side note, the government no longer uses quotas to accomplish price stabilization, but instead the USDA will buy crops directly when surpluses develop). Filburn had grown more wheat than his allotted quota and was fined for producing too much. Filburn argued that because he never sold the extra grain and grew it for use on his farm (animal feed), the quota did not apply because it would not enter the market. The case made it up to the Supreme Court, which ruled against Filburn on the basis that no production is strictly local because any surplus on Filburn's part would affect the amount of grain he bought, which would percolate through the market in aggregate. You can read more about the Wickard v. Filburn case on Wikipedia. That decision ultimately gave the US Government the power to regulate any economic activity.