JUSTICE THOMAS VERSUS THE FEDS

“We have said that Congress may regulate not only “Commerce… among the several states,” U.S. Const., Art. I, 8, cl. 3, but also anything that has a “substantial effect” on such commerce… [I]t seems to me that the power to regulate “commerce” can by no means encompass authority over mere gun possession, any more than it empowers the Federal Government to regulate marriage, littering, or cruelty to animals, throughout the 50 States. Our Constitution quite properly leaves such matters to the individual States, notwithstanding these activities’ effects on interstate commerce. Any interpretation of the Commerce Clause that even suggests that Congress could regulate such matters is in need of reexamination.” – from the Lopez case. Thomas’ reiteration of the fact that the federal government has no constitutional role in deciding civil marriage is a statement of clear conservative principles. But the theocrats and social conservatives don’t give a damn if federalism ends up with results they don’t like. That’s why they passed the Defense of Marriage Act. They suspect that’s unconstitutional. So what to do? Change the constitution!