Tuesday, June 07, 2005

Activism, anyone?

So the Constitution says that the federal government has the power to regulate interstate trade. Then why did the Supreme Court rule 6-3 (including strict "originalist" Antonin Scalia) that the federal government has the right to overturn states' medical marijuana laws, even if none of that marijuana crosses state lines?

Again, what makes me sick about politics is that so many fights are fought on a case-by-case basis, not on principle. For all the crowing we heard from conservatives about judicial activism in recent months, I doubt we'll really hear much from them about the judicial activism (legislating from the bench, they like to call it) involved in this decision.