posted by justincredible
The Feds have abused the "commerce clause" far beyond the framers intent and it should absolutely be ignored by the states. It wasn't meant as a justification to regulate every goddamn thing in existence.
I disagree that the Feds have legislated beyond the scope of the broad power to regulate interstate commerce intended by the founders. James Madison himself signed into law the Second bank of the United States in 1816 for the purpose of regulating credit nationwide. Other Founding Fathers determined this was a necessary and proper method of executing Congress’ expressed powers in McCulloch v. Maryland.
Indeed the acceptance of the Federalist position on federal power by Madison essentially decimated the Federalist Party’s need to exist.
So so the point is following the example of Madison himself Congress has the power to regulate weed if it affects interstate commerce but that doesn’t mean they SHOULD or MUST.
The state by state approach to marijuana legalization seems to be a good example where the Feds should take a step back.