Wickard v. Filburn was a new-deal-era case adjudicated when the court operated under threat of being packed by Roosevelt if it did not comply [0]. A strict con

Wickard v. Filburn was a new-deal-era case adjudicated when the court operated under threat of being packed by Roosevelt if it did not comply [0]. A strict constructionist reading of the constitution would suggest that Gonzales v. Raich is judicial activism, and indeed, all the judges signatory to the majority opinion tend to be the "big government" types. Note that O'Connor and Rehnquist, two famous justices who often sided with strict constructionism, dissented. O'Connor wrote that though she did not support California's actions, she respected its right to do so: "Relying on Congress’ abstract assertions, the Court has endorsed making it a federal crime to grow small amounts of marijuana in one’s own home for one’s own medicinal use. This overreaching stifles an express choice by some States, concerned for the lives and liberties of their people, to regulate medical marijuana differently. If I were a California citizen, I would not have voted for the medical marijuana ballot initiative; if I were a California legislator I would not have supported the Compassionate Use Act. But whatever the wisdom of California’s experiment with medical marijuana, the federalism principles that have driven our Commerce Clause cases require that room for experiment be protected in this case. " Thomas also dissented, for somewhat similar principles though with different wording. Source for this is your link. We don't implement things like this federally because needs differ. Bozeman, Montana can probably zone and sprawl as needed; it's small and there's lots of land. San Francisco can't. Why would any one feel the need to apply the same rules to both, unless it was an attempt to force a particular ideology on another? If there is sufficient support for something, it ought to pass just as well at the state or local level. [0]: https://www.history.com/news/franklin-roosevelt-tried-packing-supreme-court https://www.history.com/news/franklin-roosevelt-tried-packin...