Thursday, July 22, 2004

Suppose that the year is 2018. Marijuana has become increasingly popular in California, and a new Governor is elected on a platform to lobby for legalizing it for those who wish to grow it for personal consumption, even if non-medical. However Congress instead passes a new bill stiffening the penalities for possession, even if the marijuana is home-grown. The Supreme Court held in 2007 that such a law fits within the scope of the power of Congress to regulate interstate Commerce. 

In retaliation, the Governor, to the overwhelming approval of his constituents, announces that he neither recognizes the authority of Congress to pass such a law under its power to regulate interstate commerce nor the ability of the Supreme Court to bind him with its apporoval of such an excercise of such power, as the power of judicial review is simply a power the Court gave to itself, not something that is in the constiution.

What happens next? I don't know the answer - I am just curious if any conlaw scholars out there might.

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