The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

A Member of the Law Professor Blogs Network

Tuesday, May 4, 2010

Progressive thought in action
Tom Smith

If there is an oil spill, this proves you need big government because big government will help clean it up.

If there is not an oil spill, this proves you need big government because regulation prevented the big oil spill.

But there is also this. And this (which I agree with).  But it may just be me.  I'm still trying to get over that feeding grain you grew to your own cows is interstate commerce.

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Tom Smith
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Comments

"I'm still trying to get over that feeding grain you grew to your own cows is interstate commerce."

Exactly. As such, you'd think Republicans would be on-board with the people being able to grow pot solely for their own use.

Posted by: Reefer Madness | May 4, 2010 12:17:20 PM

Well I certainly think it should be a matter for state law.

Posted by: Tom Smith | May 4, 2010 1:02:55 PM

I agree about the grain-growing-for-the-farmer's-own-use not being interstate commmerce. The decision in Wickard v. Filburn was bizarre. It boggles my mind that most lawyers who think about these issues think it was correctly decided.

Reefer Madness, you make a good point that almost all conservatives and Republicans (even those who will never run for office) seem to be inconsistent (at best) for not arguing that the federal government should have no authority to criminalize growing weed for one's own use. It seems almost everyone is happy to have very broad federal power, as long as that power is used in ways they like.

Posted by: Larry | May 5, 2010 9:39:03 AM

thank you for your post!

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