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I am aware of Scalias "logic," and his rejection of it about a year later with Robamacare. Joel Send a noteboard - 16/12/2012 01:51:16 PM
Does anyone have the authority to prevent them from selling their candy? If so, that same body has the authority to decide that marijuana is not allowed. If the Federal government is able to regulate the sale of even a single item, then they have to potential to regulate the sale of EVERY item. If the Fed has that authority, then a state can not legally act against it.

Oh, because a marijuana (or any other) plant grown in one state is virtually inditinguishable from one grown any other state, it was decided that ALL marijuana would be onsidered interstate commerce. Flimsy rational, but that is what the Fed authority is hinged upon.

Medical insurance in MA is indistinguishable from medical insurance in TX, too, but Scalia declared that logic insufficient for a federal insurance mandate as emphatically declared more than sufficient for a federal marijuana ban. The Interstate Commerce Clause and the rest of the Constitution means one thing when that suits Scalia and another completely contradictory thing when THAT suits him. Sounds like his issue is not whether the Constitution requires interpretation (which his written opinions demonstrate he accepts implicitly) but WHOM should perform that interpretation. For my money, the answer is "almost anyone but Scalia."
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SCOTUS Justice Antonin Scalia is brilliant, just brilliant - - 11/12/2012 05:09:19 AM 986 Views
WTF does "I don’t care what their intent was. I care what it was that they intended" mean? - 11/12/2012 09:03:23 PM 553 Views
Yeah I read that twice to see if that was right *NM* - 11/12/2012 09:36:55 PM 269 Views
Part of me pities Scalias decline, because he could once nimbly and convincly argue black is white. - 12/12/2012 07:09:56 PM 526 Views
Re: your post. - 12/12/2012 07:18:18 PM 500 Views
You are quite right; I never noticed that until now. - 12/12/2012 07:29:08 PM 601 Views
Not quite - 12/12/2012 08:16:27 PM 618 Views
Poes Law. - 16/12/2012 01:42:55 PM 523 Views
More like disapeared in a puff of Florida's own law that they were trying to ignore. - 12/12/2012 08:13:13 PM 519 Views
actually..... - 12/12/2012 08:32:58 PM 603 Views
Re: actually..... - 12/12/2012 09:39:01 PM 509 Views
Spoken like a true lib.....I could have written that for you. - 12/12/2012 05:08:42 AM 552 Views
The people of WA and CO just decided pot should be legal; think Scalia agrees? - 12/12/2012 07:25:11 PM 534 Views
FreshMints decided that the almond aroma of radioactive arsenic is very pleasing... - 12/12/2012 08:09:39 PM 559 Views
I am aware of Scalias "logic," and his rejection of it about a year later with Robamacare. - 16/12/2012 01:51:16 PM 540 Views
But you didn't. - 13/12/2012 04:06:05 PM 531 Views
Your whole rant lacks any logic - 12/12/2012 03:46:34 PM 560 Views
+1 - logic is not his strong suit. *NM* - 12/12/2012 04:21:09 PM 222 Views
His comment references the authors (NOT words) intent in both negative and affirmative. - 12/12/2012 06:45:02 PM 518 Views
Rebuttal - 12/12/2012 07:58:41 PM 557 Views
Only nominally. - 16/12/2012 03:54:38 PM 517 Views
I was stumped by his phrasing as well - 12/12/2012 09:31:53 PM 424 Views
The SCotUS is no place for raging homophobes. - 13/12/2012 04:48:30 AM 655 Views
Sorry you don't like it, but what he said is true. - 13/12/2012 03:11:42 PM 574 Views
Lol. Homophobia is synonymous w/ homonegativism. It's not meant to convey a true phobia *NM* - 13/12/2012 03:28:01 PM 333 Views
So then what we need is a definition of homophobia? - 13/12/2012 09:56:15 PM 600 Views
Re: So then what we need is a definition of homophobia? - 13/12/2012 11:16:46 PM 547 Views
-phobe : Greek -phobos, adj. derivative of phóbos fear, panic - 13/12/2012 11:32:14 PM 562 Views
Do you have a similar problem with "xenophobia?" Because it's exactly the same thing. - 14/12/2012 01:30:24 AM 487 Views
xenophobia is the fear of the alien... WTF are you trying to say? - 14/12/2012 03:03:09 AM 550 Views
No. You are patently, objectively incorrect. - 14/12/2012 08:39:00 AM 479 Views
An aside. - 14/12/2012 01:21:32 PM 557 Views
Don't believe me, ask a Greek it is after all THEIR word. I gave you some extra capitals, happy now? *NM* - 14/12/2012 02:56:09 PM 336 Views
stop being obtuse - 14/12/2012 05:10:41 PM 532 Views
Hmmmm lets see, people misuse a word, perverting its meaning... - 14/12/2012 07:29:11 PM 497 Views
Double post. *NM* - 14/12/2012 10:14:50 PM 238 Views
that's glory for you! - 14/12/2012 10:44:30 PM 565 Views
So very conflicted, in so many ways.... - 16/12/2012 04:14:08 PM 659 Views

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