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  • From: Rob <becida AT comcast.net>
  • To: homestead AT lists.ibiblio.org
  • Subject: Re: [Homestead] The Land of the Free?
  • Date: Mon, 06 Jun 2005 19:18:01 -0700

At 6/6/2005 10:32 AM, you wrote:
Federal Authorities May Prosecute Medical Use of Marijuana
Supreme Court Rules States' Laws Do Not Protect Users

By Fred Barbash
Washington Post Staff Writer
Monday, June 6, 2005; 12:59 PM

The Supreme Court ruled today that the federal government has the power to prosecute the use of marijuana for medical purposes even in states that have enacted laws permitting it.

In a 6-3 decision, the court agreed with the Bush administration that the regulation of controlled substances, including marijuana, is the province of Congress without exception.

http://www.washingtonpost.com/wp-dyn/content/article/2005/06/06/AR2005060600564.html


>>But he concluded that the court had no choice but to uphold Congress's "firmly established" power to regulate "purely local activities . . . that have a substantial effect on interstate commerce."<<

>>But Stevens concluded that the court was still bound by a 1942 Supreme Court decision that defined interstate commerce broadly to include, under certain circumstances, even subsistence wheat farming<<


I wonder if they even bother anymore to argue the 10th amendment on things where the fed does in fact run the states, even with no clear cut authority to do so.


Rob
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Amendment X

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.





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