The Terminally Ill and their Impact on Interstate Commerce

United States Constitution, Amendment 10Powers of the States and People – Ratified 12/15/1791

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively”

Hmmmm, seems clear enough to me, and certainly a lot clearer then the various misinterpretations of the “Interstate Commerce Clause” (Article I, Section 8, Clause 3 in case anyone is keeping track) – Congress shall have Power To :

“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Now as often happens when I read an news story on the current excesses of federal government regulation, I try to reconcile my simplistic understanding of Constitutional statements such as Amendment 10 with the subsequent convoluted case law surrounding them. 

The current source of my bewilderment?  A federal court decision: Dying woman loses marijuana appeal – a Federal Appeals case of course, because Medical Marijuana is legal in her state.  While I have not read the decision, I can imagine it was rife with non sequitur references to the “Interstate Commerce Clause.”

I propose a new Ammendment that will hopefully be followed more closely than Ammendment #10:

“Once you get certified as being terminally ill or in a vegetative state, the federal government has to stop harassing you.”

It is painfully apparent that we need a new standard for finding something in the constitution: how about some clear cut criteria that if the concept is not there, you can’t claim a connection.  Abortion, Gay Marriage, Drugs, etc. – these topics or any concepts remotely connected to them simply are not addressed.   Sorry federal government – and more importantly protagonists on the right and left – please see Amendment 10.

There is an adage: “If all you have is a hammer, everything starts to look like a nail.”  Unfortunately, right now to anyone who has an agenda, the hammer is the judiciary and everything is starting to look like a constitutional issue.  Constitutional that is – unless you are silly enough to believe Amendment #10.


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