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Monday, July 25, 2005

Roberts Is For Federalism- How Extreme Can You Get

Jacob Sullum says that the detractors of Judge Roberts have helped us learn the positive judicial temperment of the SCOTUS nominee. In an article in Reason, Sullum writes:

In a 2003 decision by the U.S. Court of Appeals for the D.C. Circuit involving the Endangered Species Act, The New York Times notes, Roberts "seemed to throw in his lot" with "advocates of the new federalism, that is, judges and scholars who believe Congress is limited in the laws it may enact, leaving some issues to the states."

The mainstream view, apparently, holds that Congress is not limited in the laws it may enact and that the Constitution reserves no issues to the states. That position is hard to reconcile with the basic structure of the Constitution, which describes a federal government limited to explicitly enumerated powers, as reflected in the 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Anyone against the SCOTUS medical marijuana prohibition should favor Roberts' approach to federalism.

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