That's ultimately what keeps things like MJ illegal. There are just far too many people that will get upset about it if it were made federally legal.
My state, Idaho, has one such politician that is constantly bringing up and trying to find ways to keep the wacky tabacy out of the state. Including trying to amend the state constitution for it. He does this because he's mormon and the mormons are scared of the devil's lettuce.
This is situation where well thought out (and moderately constrained) referendum process can help achieve the majority desire for a policy that would not otherwise be considered important enough to drive the selection of representatives.
And the 2nd chapter of it is after the ballot measure passed, the state liquor commission drug its heels for a couple years, because most of their executives are far more conservative than the median voter here (a side effect of a lot of them being Salem locals vs Portland, but anyhow).
Eventually the state legislature got fed up with the obstructionism and passed a "ok, we're just doing it how CO did, stop stalling" bill.
And here we are. The sky didn't fall.
There's a lotta ways ballot measures can go into stupidity, but this is an instance where it helped force the bureaucracy to align with the majority voter position.
Because their industry is in bed with government so their priority #1 is coordinating with the people of that industry. The actual "value producing" activity of buying, distributing, selling liquor and managing those relationships is a sideshow.
You see this in every deeply regulated industry.
i would imagine those polls are full of selection bias - even if the poller is trying to be as neutral as possible. People who would agree to participate in polls tend to have strong(er) feelings than those who don't.
> referendum process
instead of referendums, there should be a representative vote by the elected politician, but with an option for the voter to submit their own vote (provided they pass a cursory examination that certifies they have read and understood the bill they're voting for).
E.g., a senator or an elected politician has N number of votes for a bill, where N is the number of people he/she represents. If those people don't want to participate in a bill voting process, the politician will vote on behalf of them (like they do now, supposedly).
However, an individual voter who wishes to, can certify their understanding of said bill, and rescind the representative vote for his electorate and vote himself directly on the bill. The politician will now have N-1 votes on that same bill.
This means for issues of importance, the individual can choose to participate. For issues that they don't care about, but have a vague sense of direction, they have their votes delegated to the politician that they elected once every X years.
here's mine if you have a use for it. https://archiveofourown.org/works/65636176?view_full_work=tr...
HOAs, the lowest level of US government.
It reads less like a coherent political philosophy and more like someone who's been hitting the sacrament a little too hard this morning.
I smoke your "sacrament" daily, and cigarettes, and I'm terrified that people will think you're representative of either of those classes, or even a minority of them.
Most people in this thread broadly agree with you that marijuana should be legal. You're somehow picking fights with your own allies because they had the audacity to say they don't like the smell, or that driving impaired is bad. You're not defending freedom, you're being contrarian and hostile to anyone who doesn't arrive at your exact position with your exact intensity.
And the driving thing isn't a matter of opinion. "I've done it for decades and never caused an accident" is the exact argument every drunk driver makes right up until they do. Your anecdotal survival is not evidence of safety.
[1] https://www.cdc.gov/cannabis/health-effects/secondhand-smoke...
It’s not random we call it ‘dank’ or ‘skunk’ and if it’s good it should piss off your neighbours.
It’s 2026. Dry flower vapes get you higher, with less product, and sparing the lungs. They have a smell more in line with popcorn than a cigarette. They come in everything from one-hitter to portable-volcano. Fans exist too.
This is the foundational reasoning for making perfume, air fresheners, deodorant, and scented cleaning supplies illegal to possess or use.
This may be subjective as I have tried just about every dry vape out there and each time the high is underwhelming. For me, the traditional bong hit is king.
> The right to waft my smells in any direction ends where your nose begins.
- Abraham Lincoln or Ben Franklin or Mark Twain or someone
[1] https://www.cdc.gov/cannabis/health-effects/secondhand-smoke...
And you, of your own free choice, would have the choice to either follow the rules or go live somewhere else. The person you are responding to doesn't have an issue with you smoking in your own purchased home. Instead this was about apartment complexes.
And it wouldn't even have to be a law applied to you. It could be applied to the apartment complex. Apartment complexes already have to follow lots of laws. So they could simply be required to have this as a rule.
And then you, could make your libertarian choice to live there or not. Its not your apartment complex after all. And since its someone else property, they would absolutely have the free to make you not do this in their own property.
You aren't being forced to do anything that you didn't agree to. You aren't the apartment owner, you instead just signed the contract and have to follow the apartment rules.
I don't see why you get to complain about what someone else is doing with their own property. Its their property. What laws apply to them are none of your business as you simply signed the contract.
We can and do have public nuisance laws which kick in when an individual is impinging upon the health, safety, comfort etc. of other people. This exists in jurisdictions all over the world for all kinds of things, the penalties are usually minor and applied only to repeat offenders. It is completely reasonable for someone to support the idea of these applying to marijuana use, in fact, in most jurisdictions where marijuana is legal, they probably already do. Yes, repeatedly stink up your neighbor's apartment and you may get a warning followed by a fine, deal with it. Your parent is not a Nazi and is not throwing stoners in prison. Perhaps go touch grass instead of smoking it now and then.
edit: Well, I should note the Utah vote was only for "medical" MJ.
That's why the guy in my state, C. Scott Grow, has also been fighting to make ballot initiatives harder. He's terrified that an MJ initiative would make it's way in that way.
SCOTUS did not find gay marriage bans unconstitutional in that case. Only the 9th circuit did, and California intentionally stopped defending it at the 9th circuit because the 9th circuit is and was pro gay marriage.
Those two seem a little at odds. People are going to vote against it, but not when it's specifically on the ballot?
If 90% of party A supporters support the issue, and 70% of party B supporters support and issue and the election is close to 50/50 with B in power. B putting forward the issue can make them lose the next election because that 30% will either withhold their vote or vote for the other party.
But if that same issue is a ballot measure, then the 90% of A voters and 70% of B voters will overwhelmingly pass it.
This is what I mean by a motivating issue. Nobody will withhold their vote if MJ stays illegal. But there are certainly people (mostly religious) that absolutely will withhold their vote if a politician makes it legal. Even if that's a super popular move.
That's why pretty popular things aren't done. It's also why unpopular things can be easily done. If nobody withholds their vote because of the "send the kids to the mines" act (because they are happy about the mandatory Bible study), then a politician can get away with really horrible things so long as they make the core of their voters happy. After all, you aren't going to let the other guy win now are you.
It's what's broken about parties and FPTP elections.
Reverse nominal determinism
Personally I don't mind, almost the opposite, but for people who don't like the smell, obviously they feel differently. Good thing we can have different policies in different places, and people can generally, one way or another, move themselves to other places. Could be easier, but could also be way worse.
Could depend on where I live and hangout though.
But maybe I'm just a little jaded after having lived in a legalized area and almost being run down by hotboxed cars more than once.
Functionally in many places where the usage is unlawful, harmless use in people's private homes has very low risk of prosecution while dangerous or disruptive public use is still curtailed. I find it easy to sympathize with people who consider that a better tradeoff.
I strongly agree with de-federalizing any such decisions though-- your comment on freedom to move is a great one. I recently relocated to a place where it wasn't legal from one where it was, any when evaluating differential freedoms in making that decision the subject came up and I decided I probably actually preferred the restriction due to the collateral harms (although I strongly chaff at any restrictions on private activities or maintenance of your own body). I wouldn't say it was a major factor in the decision to move (other policy/economic/environmental/security matters were drivers) but for me it wasn't a reason to not make that move.
Sometimes you just need to find the right equipment :)
> Yep. Why wouldn't I be? I'm not a brainwashed Karen.
weed -> possibly negative effect on civilization ( https://pmc.ncbi.nlm.nih.gov/articles/PMC2424288/) , certainly not a requirement.
Isn't it usually illegal to smoke things like cigarettes inside rented homes, legality aside? And don't most people rent? That seems like a whole can to deal with.
What is actually disgusting and happens often in the streets is the smell of ordinary cigarette smoke.
I’m pro legalization but definitely not pro reckless behavior like that
Have a good day.
You might get a whiff here and there, but you're going to encounter a lot of smells you don't like here and there.
A farmer was told he could only grow X acres of feed on his own land; feed that he had no intention of selling and was being fed entirely to his own livestock on the same land.
This seems to overturn that in part, but until Wickard is overturned, and the interstate commerce clause reigned in, there will be weird side effects of it like this.
That's a Supreme Court opinion that only applies if the new case reaches their docket and gets reaffirmed.
ACB talked a strong originalist game during her confirmation but since shown it’s not her core philosophy. Although Roberts appears inclined to rein in the administrative state, he’s aligned chaotic neutral and thinks himself too clever.
Already down 4-3 and having to persuade both Barrett and Roberts to join a ruling overturning parts of Wickard, another Dobbs seems wildly unlikely even though both precedents were poorly reasoned. At best, they agree to some marginal or technical reduction in scope. It seems equally likely that she sides with the four, in which case, what does Roberts do? He may need to make it 6-3 to control who writes the opinion. Such strong numbers would be unfavorable enough on the surface that he might persuade her back to an even more tepid limitation. The concurring opinions that it would induce from Thomas, Alito, and Gorsuch would be entertaining reading, at least.
But Filburn must needs be overturned. The sovereignty of states depends on it.
I agree they won't do it, but they absolutely should.
There's a good argument to be made that it was just good luck for Scalia's intellectual legacy that he died before the conservative supermajority on the court got rolling, because he was already well on his way to replacing principles with expediency: https://www.scotusblog.com/2026/03/justice-scalias-uncertain... Like the old saying goes, it's easy to criticize, much more difficult to offer constructive, durable solutions.
As noted by other commenters, the concept of federal control of interstate commerce was intended to prevent states from interfering with trade between themselves and other states, and to create some "higher" authority for aspects of commerce that truly transcended state borders and control.
Most of what has happened in terms of programs and regulations fits very comfortably into that understanding. What doesn't, which I don't think is a lot, should probably go away anyway.
This doesn't work when bigots are willing to pay a premium for discriminatory services.
Also, do you feel the same way about the FHA and Title VII? Those also involve regulating what you can choose to do with your private property, but I don't want to assume that you don't consider housing and employment to be distinct from, say, hotels and grocery stores.
But Raich is significantly more egregious: the theory on which the government won Wickard v. Filburn, that private consumption of wheat could affect the interstate market for wheat, doesn't even apply, because there can be no interstate market in a substance that is illegal to trade.
There is in fact an interstate market in many substances that are illegal to trade because laws against things do not make those things fail to exist.
So I found this footnote:
> The government does not challenge the district court’s Commerce Clause analysis on appeal. Accordingly, any such argument is forfeited, and we do not address it.
That's interesting. Here's a legal analysis that does bring up the Commerce Clause and Filburn [3]. I really wonder why the government didn't raise this issue.
I knew just from the headline this was going to be a 5th Circuit decision, and it was. This is the same circuit that is perfectly fine to override "state's rights" for other issues.
[1]:https://www.ca5.uscourts.gov/opinions/pub/24/24-10760-CV0.pd...
[2]: https://en.wikipedia.org/wiki/Wickard_v._Filburn
[3]: https://www.yalejreg.com/nc/reviving-the-commerce-clause-one...
So SCOTUS basically solved this by saying the law had to say "in interstate commerce" but it is basically just there as a talisman to ward away challenges, a distinction without any difference as it becomes a tautology.
It also is not of no effect-- it's an element of defense and people have escaped GFSZ act because the government failed to satisfy interstate commerce (and internet search suggests the some courts have taken it to mean that the presence of the gun in the school zone itself must have impacted interstate commerce, rather than just the gun's past purchase did). Every element the prosecution must prove at any level increases the marginal cost of prosecution and makes it less likely to be imposed on more marginal cases.
https://www.buckeyeinstitute.org/issues/detail/ream-v-us-dep...
See the opening brief.
If the law is broken, fix the law. Don't pervert logic to pretend that the existing law dictates what you want is correct.
If Roe v Wade is based on faulty logic, cool - overturn it. But it then becomes Congress's responsibility to replace it with the correct version.
The federal government isn't supposed to police people's personal behavior. "Federal" comes from "federation" as in, the group of states in the union. It's the job of the legislature to write the laws, the job of the judiciary to interpret the laws, and the job of the states to do these things for areas that don't rise to the level enumerated in the Constitution.
When you get it twisted, you end up with this tug-of-war where corrupt politicians try to put biased judges on the bench to mold the rules to their whims without actually having to pass them.
If you follow that argument to its conclusion, you end up at: fixing the law requires amending the Constitution, and if the law for amending the constitution is broken, the remedy is revolution. Most participants prefer the current practice instead.
If one takes the opinion interstate commerce means buying, selling and transporting.
It's also how the current system works. Most drug convictions are based on state law. Federal drug prosecutions are 2% of the total. Every state has its version of controlled substances act.
Nothing much would change at all.
Adding to that, if the supreme court continues to make realistic federal administration harder by tearing down executive rule making authority and requiring more explicit Congressional rule making (which can't scale in our current system), we'll continue to see less stable and predictable federal regulatory actions - which might further compel the states to step in...
But where will States raise the taxes to make this happen? While the federal government seems willing to do less (in terms of classic liberalism policies), it certainly isn't reducing its spending.
And how will States defend themselves from federal intrusion if they do start to claim more of their power - will we see armed stand-offs between national and state forces?
That said, I agree that it's overused. I personally think that the 9th amendment should be used in a lot of cases, like civil rights, instead of the interstate commerce law.
The supreme court, however, has basically decided that the 9th amendment doesn't really exist.
Ultimately none of us signed the constitution and all of those people that did are dead. It is a religious artifact used by the whig -god people to argue they are right. Not something followed with faith to the historical context nor literal contract.
(edit: to below trying to compare bad-faith ICC to good-faith general welfare, you must apply similar levels of creativity and bad faith. Ban things through high or impossible to pay taxation. "Tax" behavior to force people to do something in a certain way, make very heavy penalties for not paying the tax, and also make it extremely difficult to buy the tax stamps (this is how they did drug control until they decided to use the new fraud of "interstate" commerce).
Federalist No. 41 https://avalon.law.yale.edu/18th_century/fed41.asp
Specifically the federal ban on private segregation. The states would still be able to ban it.
Moreover, is that the sort of thing you even want as an ordinary statute dangling precariously off of the commerce clause instead of making it a constitutional amendment to begin with?
Gen Z / Alpha have embraced X-"realism" and fully accept essentialism/reject "intersectionality". They're far more conservative/prudish than millennials, even at their young age.
This does not meet up with my experience with them at all.
Just quick check, what percentage of onlyfans creators are Gen Z / Alpha vs other nonsense year demographics?
Second, there is a growing divide between gen Z males that are skewing conservative in some ways. Their church/religious attendance is up, but overall attendance is still down.
Gen Z females that are the most liberal demographic in history.
The split is both political/social.
(US analysis)
This was debunked, at least in the UK. Not sure about the US but I'll bet it's the same sham (church sponsored) statistics.
I think more of each generation is coming to realise that religion is an outmoded parasite.
Sure, the concept of "spiritual/non-scientific belief" isn't a parasite in and of itself, but even if the existing organized religions ceased to hold their sway, and people treated religion as a personal thing without centralized authorities, I still don't see an end to (for example) people trying to get their religious beliefs enshrined in law. That's parasite behavior.
Links:
discusses some of the treaties:
https://www2.nycbar.org/pdf/InternationalDrugControlTreaties...
History of illegalization of pot:
This paper is all the way from 2012. Since its publication, many countries have pushed the limits to far greater lengths than what it talks about. Canada remains a signatory to all the old 60s-80s treaties about drugs, but can you guess what the consequences were when we legalized cannabis in spite of all of them? No one cares about these.
On one hand you should have a right to buy whatever you want at 21( which should be the minimum enlistment age), but I’d be concerned about Billy selling homemade GPLs or whatever.
No, that's not what's being said. If you grow your own plant for personal use, there's no need for the federal government to be involved. If you grow that plant and then try to sell it, then there's some commerce which does fall under some regulation (we'll leave the interstate nuances aside). Having the fed being allowed to say you cannot grow in your house is one step away from saying you are only allowed to perform missionary position (no other positions are allowed) between the hours of 7-8pm, but not at all on Sunday.
There are specific prohibitions on certain categories of state laws, like granting titles of nobility, creating non-gold/silver currencies, etc. The federal government cannot constitutionally regulate sex positions, because anything not explicitly covered in the Constitution is reserved to the states, or the people. In that broad grant, however, the states individually can make or avoid making law on any topic.
As others have mentioned, the Supreme Court has frequently worked around the Constitution for reasons that made sense to them at the time, including the original ruling that this one overturns.
That being said, there's probably not a constitutional way to enforce laws regulating sex positions. Even if you don't agree that such laws are clearly discriminatory in intent (let alone impact), the privacy violations necessary to prove guilt "Beyond a reasonable doubt" almost certainly violate the Fourth Amendment, and any theory of harm would implicitly (if not explicitly) rest on religion.
This is all assuming you don't accept Griswold as a reasonable constitutional argument that pretty obviously would extend to the kinds of sex people have.
Right, but until someone gets arrested for this, nobody has standing to challenge the constitutionality of the law itself. It is one of those unenforceable laws. Even biblical law required witnesses (never just one) before being able to prove adultery.
In many communities you have a guy who cooks plates of food and sells them. While technically this is illegal with out a permit, it’s usually tolerated.
I’m all for the legalization of everything for adults, but it’s a very complex issue. Education is the way here, not punishment
This is pretty much already the case with marijuana, where it's illegal at the federal level, but in practice if it's legal in your state then it's legal.
Would it be better with a BSD license?
There's arguably some merit to your position, but the argument that some case law is invalid because it doesn't meet the definition of a term defined in other case law is circular and incoherent.
Please endeavor to say only true things. The truth matters.
> to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"