Re:One year into legal pot sales California doesn’t have exp...
by int_19h on Thursday December 27, 2018 @08:46PM
(#18774280)
Federal laws can't be arbitrary, though - they need to fall under one of the enumerated federal powers.
Problem is, ever since Wickard v. Filburn decision, all that the federal government needs to do is to add "... in interstate commerce" in the text of the law, and it is magically constitutional. The words themselves have practically no meaning - in Wickard, the Supreme Court ruled that a person growing food for personal consumption is still "participating in interstate commerce", on the basis that they'd have to buy that food otherwise, and therefore affect market prices on it.
Problem is, ever since Wickard v. Filburn decision, all that the federal government needs to do is to add "... in interstate commerce" in the text of the law, and it is magically constitutional. The words themselves have practically no meaning - in Wickard, the Supreme Court ruled that a person growing food for personal consumption is still "participating in interstate commerce", on the basis that they'd have to buy that food otherwise, and therefore affect market prices on it.