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by LudwigNagasena
861 days ago
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The problem is that in reality it gets “resolved” through the executive branch or by legalisating from the bench. That ultimately degrades all political institutions. Can FBI arrest you for marijuana possession in a state where weed is “legal”? It should arrest you, weed is illegal, the government just decided to not enforce its own law. The government can just say “It will not be a priority to use federal resources to prosecute X”[1] and everyone is ok with that. If even simple laws get bent so easily, what’s left of the constitution? The words inside the Commerce Clause stayed the same for hundreds of years, yet what it “means” (ie how it’s used by the Federal Government to assert its power) have changed profoundly [2]. [1] https://web.archive.org/web/20091023034358/http://www.reuter... [2] https://en.wikipedia.org/wiki/Commerce_Clause |
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