Monday, June 06, 2005

Romani Ite Domum

Supremes to Pot-Smoking Pain-Sufferers: Fuck You

The purpose of courts is emphatically to say what the law is, not what it should be. The democratic process was trampled in this ruling - this is the very definition of judicial activism. I will be shocked, just shocked if Tom Delay doesn't bring this up when the Senate votes on Judge Janice Brown.

Seriously, though, this is judicial activism and it goes to the heart of resurrecting the debate over Federalism, vis-à-vis Article 1, Section 8. This is a perfect example of why we need judges like Brown on the federal bench. We need judges who recognize that the powers of the federal government extend only as far as Art. 1, 8 casts them.

Is this a debate that needs "resurrecting," or has it been raging since 1787? It did indeed start in 1787, but it died in the late 1930s when FDR strong-armed the courts into approving the federal tyranny that was the New Deal. It has been inching its way out of the grave ever since 1980. Why else, pray tell, did we need a constitutional amendment to ban alcohol in 1919, but Congress could ban marijuana (and many other drugs) in 1970 with the legislation at issue here?

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