This will have a lot of ramifications if Wickard vs. Filburn is overturned. Justice Thomas in his dissent in Raich took the stance that Wickard was wrongly decided. So there is one Justice on board. The States only need four more.
Here is my favorite part of Thomas' Raich dissent.
Monson and Raich neither buy nor sell the marijuana that they consume. They cultivate their cannabis entirely in the State of California–it never crosses state lines, much less as part of a commercial transaction. Certainly no evidence from the founding suggests that “commerce” included the mere possession of a good or some purely personal activity that did not involve trade or exchange for value. In the early days of the Republic, it would have been unthinkable that Congress could prohibit the local cultivation, possession, and consumption of marijuana.This current dust up is about the law recently passed in Montana.
The state of Montana has signed into power a revolutionary gun law. The State of Montana has defied the federal government and their gun laws. This will prompt a showdown between the federal government and the State of Montana. The federal government fears citizens owning guns. They try to curtail what types of guns they can own. The gun control laws all have one common goal, confiscation of privately owned firearms.We certainly do live in interesting times.
Montana has gone beyond drawing a line in the sand. They have challenged the Federal Government. The fed now either takes them on and risks them saying the federal agents have no right to violate their state gun laws and arrest the federal agents that try to enforce the federal firearms acts. This will be a world-class event to watch. Montana could go to voting for secession from the union, which is really throwing the gauntlet in Obama’s face. If the federal government does nothing they lose face.
Cross Posted at Classical Values