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> >This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Autho
by eadmund 3y ago
> >This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding
> There is ZERO wiggle room there.
Agreed: ‘the Laws of the United States which shall be made in Pursuance thereof.’
Those laws of the United States, which are made in pursuance of the Constitution, are 100% the supreme law of the land (as are treaties made under the authority of the United States).
That same Constitution also provides, ‘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.’ So a law of the United States that is not under one of the powers delegated to the United States is … not made in pursuance of the Constitution. And there is no power to regulate intrastate commerce.
So yeah, zero wiggle room: the federal government has no constitutional authority to ban growing or selling marijuana within a state.
- singleshot_ 3y agoRecall the holding in Raich: Congress has the power to regulate local activities that are part of a class of activities that affect interstate commerce.