Monday, June 06, 2005

Raich - the Decision

The case of Raich vs. Gonzales has been decided. The decision as far as this non-lawyer can figure out says that there are no limits to what Congress can regulate.

So let me see if I get this.

Water is sold in interstate commerce.

Does this give the Congress the power to legislate all uses of water in America?

For instance it may be used for brushing your teeth but not be used after flossing? It may be used for one minute showers but not baths? If Congress so decides? You can drink it out of a tap (which is paid for) but not from a stream for which no price has been paid?

Slam dunk for sure.


The bottom line is that every object of commerce in Ameria is sold between states. This means that Congress can not just regulate items that actually cross state's borders but anything which might potentially cross a state's borders. Which is everything.

We no longer live in America. We now live in France.

Instapundit has a nice round up. No doubt there will be more in the coming days.

I have some pre-decision posts on the subject here and here.

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