That has nothing to do with this? The federal government has a right to pass laws at the federal level to preempt state levels laws. There’s a procedural problem with this one (violates Byrd Rule) but we are asking people to tell their Senators they oppose it because of the content.
It is the commerce clause interpretation that gives the federal government the right to regulate in this fashion. (Though I would point to Wickard v. Filburn as being the key case, rather than Gonzales v. Raich). The federal government doesn’t have the right to do whatever it likes, it has certain enumerated constitutional powers—Wickard v Filburn and a couple of similar cases are where they decided to interpret those enumerated powers very broadly and give themselves the almost unlimited power they have today.
I agree the discussion of Guantanamo is a distraction.
That has nothing to do with this? The federal government has a right to pass laws at the federal level to preempt state levels laws. There’s a procedural problem with this one (violates Byrd Rule) but we are asking people to tell their Senators they oppose it because of the content.
It is the commerce clause interpretation that gives the federal government the right to regulate in this fashion. (Though I would point to Wickard v. Filburn as being the key case, rather than Gonzales v. Raich). The federal government doesn’t have the right to do whatever it likes, it has certain enumerated constitutional powers—Wickard v Filburn and a couple of similar cases are where they decided to interpret those enumerated powers very broadly and give themselves the almost unlimited power they have today.
I agree the discussion of Guantanamo is a distraction.