07/03/07: tweldy

I think marijuana should be legal.

It was banned when FDR was President.

The 2005 Supreme Court case Gonzales v Raich upheld the federal ban on marijuana, and was based on the precedent of a 1942 New Deal case that upheld federal limits on how much wheat farmers could legally grow.

In the 1942 case, a farmer grew more wheat than the federal government allowed. FDR had set limits, in order to drive up the price. Even though this particular wheat grown by this particular farmer did not corss state lines, and no money changed hands, the court still said it was "interstate commerce," because since the farmer was eating this wheat, he wasn't buying wheat from someone else, so this affected interstate commerce. That hugely expanded the scope and power of the federal government.

In the 2005 marijuana case, the marijuana never crossed state lines, and no money changed hands. But based on the 1942 precedent, the court said it was "interstate commerce," because since the person was growing and smoking her own medical marijuana, she wasn't buying drugs from the big drug companies, and this affected insterstate commerce.

Libertarians and conservatives strongly disagreed with both rulings. But in both rulings, every liberal on the court voted with the majority.

In his 1944 book "The Road To Serfdom," libertarian F.A. Hayek said the New Deal would lead to fascism in the U.S. The 2005 marijuana ruling based on the New Deal 1942 prededent proves that Hayek was correct.

Before the New Deal, federal power was limited. If it wasn't for FDR and his New Deal, today's "war on drugs" would not be possible.

Marijuana should be a state issue. But FDR destroyed the 10th amendment. Now the federal government sticks its nose into everything.

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