Throwback Thursday: Gonzales v Raich (2005) PART 3

PART 3 OF 3. In Gonzales v Raich (2005), SCOTUS upheld the Controlled Substances Act (where Congress prohibits the cultivation, possession and distribution of marijuana), ruling it permissible under the Commerce Clause. However, Art 1, Sec 8 says “Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” 1: This does NOT include the power to regulate only LOCAL commerce. 2: Congress may “regulate” commerce, NOT prohibit it. The Gonzales Court used Webster’s Dictionary definition of “economic” to rule for the feds. But Webster’s defines “regulate” as “to govern or direct according to rule; to bring order, method or uniformity to; to fix or adjust the time, amount, degree or rate of.” Webster’s defines “prohibit” as “to forbid; to prevent from doing something.” Clearly, to “regulate” does not include the power to outright “prohibit.” So SCOTUS & Congress only apply ordinary meaning to words when it suits them…