When Obama is President should he make it illegal to drive slow in the fast lane?

[Japher]

I think it should be illegal to drive Sloww anywhere. He might not like it.

[Darius871]

Originally posted by Felch
True. They used the interstate commerce clause to prosecute Angel Raich. She grew marijuana on her property in conformity with the state medical marijuana laws, and was not selling it to anybody. But somehow, intrastate non-commercial activity was covered by the interstate commerce clause.

Under the existing test I guess it'd be argued that Raich's growing at home removed the need for her to instead purchase from the interstate commerce in marijuana, and therefore had a "substantial effect" on that commerce even though she didn't directly engage in it. Individually her effect was minimal, but allowing such a huge exception would make it substantial in the aggregate.

Come to think of it this is directly analogous to Wickard v. Filburn (1942), where one farmer's growing crops in excess of the Agricultural Adjustment Act's quota was solely to feed his local livestock and not for the market, but nonetheless the attendant growth of his available crops to send to market would substantially affect interstate commerce if the court's decision would allow all farmers to do it.

If the Founders didn't intend this broad interpretation, they shouldn't have been such incredibly lazy drafters.