Monday, June 06, 2005

The Constitution takes it on the chin... again

Well, the U.S. Supreme Court's medical marijuana decision was announced today. Unsurprisingly, the Court upheld the Controlled Substances Act as it related to the plaintiffs in the suit before the Court. The three dissenting justices were O'Conner, Rehnquist, and Thomas. At least we have 3 justices that understand the constitution. The court's four liberals voted as expected, confirming the over-reach of federal power via the Commerce Clause used by Congress to stick the government's nose into just about everything imaginable.

So what about Kennedy and Scalia? Given Kennedy's views on Lawence v. Texas that overturned sodomy laws, I half expected that he would side with the plaintiffs. Why that didn't apply here is a mystery to me. He, like many others, probably just accepts the premise that law makers can criminalize what is in people's bloodstreams. We've been doing it for so long that it may just be a settled issue for him.

As for Scalia, he's a social conservative's dream justice. He purports to be an originalist when it comes to interpreting the constitution. And he is for the most part. But if ruling on a case would invalidate policies he favors, he'll find a back door to use to rule the other way. He did so today. Clearly Scalia is a drug warrior.

What is clearly true is that there is, for all intents and purposes, no limit to what the federal government can do. This was a bad day for those of us who think liberty, freedom, and limited government is what this nation badly needs. Members of Congress, the President, and the USSC all take an oath to uphold the Constitution. Most have violated that oath at one time or another over the last 100 years. This ruling proves that once again.