You just might want to hold off on that, guys.
Related: Bill Clinton’s genius of a Supreme Court nominee, Associate Justice Stephen Breyer, was apparently talking in his sleep during oral arguments on Tuesday (no, really, please; somebody tell me he wasn’t actually conscious).
I look back into history, and I think if we look back into history we see sometimes Congress can create commerce out of nothing. That's the national bank, which was created out of nothing to create other commerce out of nothing. I look back into history, and I see it seems pretty clear that if there are substantial effects on interstate commerce, Congress can act.Ummm’y-e-s…yes, indeed. That’s some prime, lawyerly eloquence, there, your honor. And the thought behind it? Deep. Mighty deep.
And I look at the person who's growing marijuana in her house, or I look at the farmer who is growing the wheat for home consumption. This seems to have more substantial effects.
Quick question, judge, about that woman who’s “growing marijuana in her house”: this wouldn’t be a neighbor, would it? If it is, you haven’t…you know…dropped by lately, have you?
Actually that growing wheat reference was/has something to do with the whole over-used commerce clause.
ReplyDeleteI just read about it a day or two ago.
Somehow-about 70 years ago- a farmer was growing wheat for his family and the .GOV came down on him (for what??) and it ended up in the SCOTUS and they decided that somehow growing wheat on the family farm- for yourself, had something to do with interstate commerce...because you weren't buying from other farms- or something...