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It's a subtle good point | 355 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
It's a subtle good point
Authored by: hardmath on Saturday, June 30 2012 @ 10:50 PM EDT

However as I understand it the distinction is being drawn at using the Commerce Clause to regulate activity vs. inactivity.

Growing five cannabis plants: activity. Congress can legislate in accordance with the Commerce Clause.

Not purchasing health insurance: inactivity. Congress cannot use the Commerce Clause to justify intervention, though in the particulars, the power to tax is applicable.

Curiously the original federal intervention on marijuana growing was based on the power to tax and after 32 years(!) was overturned by the Supreme Court in Leary vs. United States on constitutional (5th Amendment) grounds.

---
"Prolog is an efficient programming language because it is a very stupid theorem prover." -- Richard O'Keefe

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