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Power to ban broccoli? | 355 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
This is easy...
Authored by: Anonymous on Monday, July 02 2012 @ 01:41 PM EDT
Justice Ginsburg says that the Commerce Clause has few restrictions. Only those
that have no realistic arguments such as broccoli, etc. Not in specific ruling
prescedent but in characterization. Of course, that is a flexible Constitution
opinion. The arguments Ginsburg made were weak as dissent said based on strict
interpretation. Ginsburg made those arguments out of form, imo.

[ Reply to This | Parent | # ]

Power to ban broccoli?
Authored by: Anonymous on Tuesday, July 03 2012 @ 03:54 PM EDT
In what way can the government prevent you from buying broccoli?

Simply declaring it a controlled substance. In fact the law already bans any and
every substance under the sun conditioned on the DEA administrators adding it to
a list. Congress lets them shoot first, and if they ever make a mistake and ban
something harmless, Congress can step in and fix it. That is the current
regulatory regime.

Note that this is used not only to ban marijuana, but also to ban production of
industrial hemp fibre, which is clearly not a drug. Why is broccoli, a food
item, any different than hemp rope?

That is the difference between the commerce clause powers and the taxation
powers, right? The tax powers you pay money, the commerce clause powers can be
criminal and crippling.

[ Reply to This | Parent | # ]

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