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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review June 10, 2005 / 3 Sivan, 5765

Will Congress have the guts to tackle medical marijuana?

By Clarence Page


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http://www.JewishWorldReview.com | "When I use a word," Humpty Dumpty said in rather a scornful tone in Lewis Carroll's "Through the Looking Glass," "it means just what I choose it to mean— neither more nor less.'" The same might be said by U.S. Supreme Court justices.

Take, for example, Gonzales vs. Raich, the high court's medicinal marijuana case.

The commerce clause in Article 1 of the Constitution could hardly be more clear in limiting federal power to commerce "among the several states," not within a state.

But in Gonzales vs. Raich, a 6-3 majority has stretched "commerce" to mean just what they choose it to mean— far enough to let the distant feds, not the close-to-the-people state governments, decide whether ailing residents should be allowed to grow their own medicine under a doctor's care.

In the Senate's heated debate over judicial appointments we have constantly heard conservatives argue that judges should lean toward a modest role for the national government. Over the past decade, a conservative Supreme Court coalition under Chief Justice William Rehnquist has rolled back congressional power and elevated "states' rights" in a series of decisions. Nevertheless, the Supreme Court reasserted federal authority in Gonzales vs. Raich on Monday, even in the 11 states that now permit marijuana when recommended by a doctor.

The people in those 11 states have spoken, and the Supreme Court has told them to shut up.

Justice John Paul Stevens' majority opinion stretched the meaning of "commerce" to include anything done in one state that could have "a substantial effect on interstate commerce." And how does the court define "substantial"? Broadly enough to cover just about anything.

"... [P]roduction of the commodity meant for home consumption, be it wheat or marijuana, has a substantial effect on supply and demand in the national market for that commodity," Stevens wrote.

Justice Antonin Scalia, the archest of the high court's arch-conservatives, chimed in, if only to say that Stevens' federal "intrusionism" did not go far enough. "Drugs like marijuana are fungible commodities"; even when "grown at home and possessed for personal use," it is "never more than an instant from the interstate market."

Both opinions sound more like economic theory than day-to-day reality. After all, the medical marijuana market is only a tiny fraction of a state's overall drug traffic.

That very rational point, among others, was made by Justice Clarence Thomas, who cut himself loose from his usual tether to Scalia's world view to raise a clear, compelling and badly needed voice of reason: If the two California women who are the defendants in this case are involved in "interstate commerce," he asked, what in these United States is not "interstate commerce"?

"Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana," Thomas wrote. "If Congress can regulate this under the commerce clause, then it can regulate virtually anything— and the federal government is no longer one of limited and enumerated powers."

In other words, keep your federal hands out of matters that pertain only to a particular state and do not infringe on fundamental human rights.

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That human-rights point is particularly significant to those African-Americans who are old enough to remember when "states' rights" was offered as a lame excuse to perpetuate racial segregation laws in the South. The 1954 Brown vs. Board of Education Supreme Court decision properly overruled states' rights that violate fundamental human rights. By contrast, Gonzales vs. Raich ironically overrules states' rights in order to violate a humane right, the right of the sick to treat their own illness. "Our federalist system, properly understood, allows California and a growing number of other states to decide for themselves how to safeguard the health and welfare of their citizens," Thomas writes. Right on.

The good news in Gonzales vs. Raich is that the high court did not overturn any of the existing state medicinal marijuana laws. Stevens' decision also ruled in defiance of Congress and John P. Walters, director of the White House Office of National Drug Control Policy, that marijuana does indeed have "therapeutic value." Stevens suggested that the executive branch might reclassify marijuana for medical purposes or that Congress might allow "the laboratory of the states" to decide this matter for themselves.

In fact, Congress is considering two bills, backed mostly by Democrats and libertarian-leaning Republicans, that could legalize the medicinal use of marijuana at the federal level.

Congress usually kicks such hot-burning issues as marijuana reform over to the courts. This time, the courts have kicked it right back. Congress, as W.C. Fields once said, needs to take the bull by the tail and face the situation. And the public needs to make itself heard.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Comment on Clarence Page's column by clicking here.

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