Wednesday, June 08, 2005

Federalism

It's a concept I don't feel I'm qualified to talk about. I see the SC struck down state laws legalizing medical marijuana. Interestingly, it was the liberal side of the SC that argued that position.

The liberal position on medical marijuana is generally in favor of it. I am as well. Actually, I'm in favor of legalizing every drug and controlling it exactly the same as alcohol. I'm a strict libertarian in that regard. What anyone does to their own body is their business, not mine.

What determines what law can be federal, and what law should be determined by state? I'm sure there is some standard they apply, but I don't know what it is.

It's hard for me to whine about the SC nullifying a state law on marijuana, when I want them to nullify marriage laws nationwide.. With the exception of Massachusetts of course..

The SC has "redefined" marriage before. The last time was 1968. I'm waiting for them to do it again.

Kos does raise one relevant point, however...

But the most interesting part of the decision, by far, is the Scalia vote. He's a partisan hack who lets his personal views on issues cloud his legal reasoning. He is a states righter one day, then demand federal supremacy the next. All depending on which is the best vehicle to promote his agenda. Just like the GOP at large. The fact that Bush would consider him for Chief Justice is probably apt.
Can you say flip flop?

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