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Title: CPAC 2015: Cruz Marijuana Policy Shifts (should be state's decision)
Source: IBTimes
URL Source: http://www.ibtimes.com/cpac-2015-cr ... arijuana-policy-shifts-1830142
Published: Feb 26, 2015
Author: Max Willens
Post Date: 2015-02-28 09:41:47 by kenh
Keywords: None
Views: 2178
Comments: 21

A would-be Republican presidential nominee has changed his mind on marijuana. Sen. Ted Cruz said he supports Colorado’s state rights to keep marijuana legalized without federal interference during an interview with Fox News host Sean Hannity at Thursday’s Conservative Political Action Conference (CPAC).

“I actually think this is a great embodiment of what Supreme Court Justice Louis Brandeis called ‘the laboratories of democracy,’” Cruz said. “If the citizens of Colorado decide they want to go down that road, that’s their prerogative. I personally don’t agree with it, but that’s their right.”

Cruz’s comments at CPAC bring him in line with a number of prominent Republican presidential candidates, including former Texas Gov. Rick Perry, Sen. Marco Rubio and Sen. Rand Paul, who have all said they believe the federal government should not interfere in states where marijuana has been legalized.

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Begin Trace Mode for Comment # 5.

#1. To: kenh (#0)

Seems a little odd that such a prominent and successful litigator before the Court (and Rehnquist's clerk) would have such a sudden juridical epiphany on a major issue over decades. Sounds like he caved to the other pols who did take a much braver stand on the issue earlier than he did.

In short: "Hey, me too!"

Tooconservative  posted on  2015-02-28   10:09:23 ET  Reply   Untrace   Trace   Private Reply  


#3. To: TooConservative (#1) (Edited)

Rehnquist was one of the three justices, along with O'Connor and Thomas, who sided with Raich.

(edit: corrected spelling error)

kenh  posted on  2015-02-28   10:19:49 ET  Reply   Untrace   Trace   Private Reply  


#5. To: kenh, nolu chan (#3) (Edited)

Rehnquist was one of the three justices, along with O'Connor and Thomas, who sided with Raich.

Stevens wrote for the majority, Scalia concurred separately, O'Connor dissented as did Thomas (separately). Shown here. "Stevens, J., delivered the opinion of the Court, in which Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed an opinion concurring in the judgment. O’Connor, J., filed a dissenting opinion, in which Rehnquist, C. J., and Thomas, J., joined as to all but Part III. Thomas, J., filed a dissenting opinion."

They just upheld the Commerce Clause as the most powerful principle in the known universe. Which they do as habitually as tumbling out of bed every day.

Tooconservative  posted on  2015-02-28   10:58:14 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 5.

#10. To: TooConservative (#5)

"They just upheld the Commerce Clause as the most powerful principle in the known universe."

All-powerful.

(with the exceptions of Morrison and Lopez)

misterwhite  posted on  2015-02-28 11:19:15 ET  Reply   Untrace   Trace   Private Reply  


#17. To: TooConservative, kenh (#5)

They just upheld the Commerce Clause as the most powerful principle in the known universe. Which they do as habitually as tumbling out of bed every day.

This case made a major contribution to expanding the commerce clause. The interstate commerce clause has been expanded to justify most of what the Federal government does.

https://supreme.justia.com/cases/federal/us/317/111/case.html

Wickard v. Filburn, 317 U.S. 111 (1942)

317 U.S. 111

Syllabus

1. Pending a referendum vote of farmers upon wheat quotas proclaimed by the Secretary of Agriculture under the Agricultural Adjustment Act of 1938, the Secretary made a radio address in which he advocated approval of the quotas and called attention to the recent enactment by Congress of the amendatory act, later approved

Page 317 U. S. 112

May 26, 1941. The speech mentioned the provisions of the amendment for increase of loans on wheat, but not the fact that it also increased the penalty on excess production, and added that, because of the uncertain world situation, extra acreages of wheat had been deliberately planted, and "farmers should not be penalized because they have provided insurance against shortages of food." There was no evidence that the subsequent referendum vote approving the quotas was influenced by the speech.

Held, that, in any event, and even assuming that the penalties referred to in the speech were those prescribed by the Act, the validity of the vote was not thereby affected. P. 317 U. S. 117.

2. The wheat marketing quota and attendant penalty provisions of the Agricultural Adjustment Act of 1938, as amended by the Act of May 26, 1941, when applied to wheat not intended in any part for commerce but wholly for consumption on the farm, are within the commerce power of Congress. P. 317 U. S. 118.

3. The effect of the Act is to restrict the amount of wheat which may be produced for market and the extent as well to which one may forestall resort to the market by producing for his own needs. P. 317 U. S. 127.

4. That the production of wheat for consumption on the farm may be trivial in the particular case is not enough to remove the grower from the scope of federal regulation where his contribution, taken with that of many others similarly situated, is far from trivial. P. 317 U. S. 127.

5. The power to regulate interstate commerce includes the power to regulate the prices at which commodities in that commerce are dealt in and practices affecting such prices. P. 317 U. S. 128.

6. A factor of such volume and variability as wheat grown for home consumption would have a substantial influence on price conditions on the wheat market, both because such wheat, with rising prices, may flow into the market and check price increases and, because, though never marketed, it supplies the need of the grower which would otherwise be satisfied by his purchases in the open market. P. 317 U. S. 128.

7. The amendatory Act of May 26, 1941, which increased the penalty upon "farm marketing excess" and included in that category wheat which previously had not been subject to penalty, held not invalid as retroactive legislation repugnant to the Fifth Amendment when applied to wheat planted and growing before it was enacted, but harvested and threshed thereafter. P. 317 U. S. 131.

43 F.Supp. 1017, reversed.

nolu chan  posted on  2015-02-28 19:04:15 ET  Reply   Untrace   Trace   Private Reply  


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