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Is it because the illegality of marijuana is based on a questionable interpretation of the commerce clause which lots of other power is based on and no one in g
by pfannkuchen 4y ago
Is it because the illegality of marijuana is based on a questionable interpretation of the commerce clause which lots of other power is based on and no one in government really wants challenged in court?
- School-Cotton 4y agoThere’s a very good chance that that’s at least part of the reason.
- zarzavat 4y agoEssentially the US has been living under wartime powers since 1942. The Supreme Court vastly expanded the federal government’s powers during WWII, because it seemed like a good and necessary idea at the time to preserve the nation. Power once given cannot be taken away and that comical interpretation of the Commerce Clause stands relatively unscathed to this day.
- pfannkuchen 4y agoDo you think there's any chance the current court will take a stab at it? I was shocked when they touched Roe, and IIUC the structure of the Commerce Clause precedent isn't entirely dissimilar from Roe (i.e. both stem from very creative readings). (Quick genuflection for the potentially offended: I am pro abortion rights at the national level, but I think they should be implemented properly, i.e. through Congress, because a precedent of improperly implemented legal standards threatens the entire democratic system).