The Interstate Commerce Blues

Now that the Supreme Court has completed its 2004-05 term, I'm left wondering which opinion I dislike the most. It's hard to choose between Kelo v. City of New London, which effectively read "public" out of the Fifth Amendment's "public use" requirement, and Gonzales v. Raich, which effectively allowed Congress to regulate intrastate commerce. (What about the MGM v. Grokster opinion, released earlier today? Eh. It doesn't do much for me, one way or another.)

After some reflection, and a great deal of grousing, I come down in favor of hating Raich the most. The way I figure, we can correct the invidious effects of Kelo locally, by ensuring that the various state constitutional counterparts to the U.S. Constitution's Takings Clause provide the sort of protection that the Kelo Court just denied us. It'll make for a long, hard slog, but one well worth the effort.

Raich, on the other hand, admits no such cure. Because it gives the feds power to regulate every little nook and cranny of our lives, we cannot hide behind the shelter of states' laws. I'm not sure how to correct Raich as a legal matter. Politically, though, I am quite ready to protest it. Here, then, is my contribution to that worthy cause.

The Interstate Commerce Blues

To the tune of "House of the Rising Sun"

Time: 3/4.  Key: Am.  Tempo: Moderate.


There is a Court in Washington,
      Am   C        D      F

They call, "U.S. Supreme."
     Am       C     E7

It has been the ruin of many a clear text,
       Am       C       D            F

Thanks to its nine Justice team. 
Am            E7           Am



The Constitution empowers Congress to
            Am     C      D        F

Regulate interstate commerce.
     Am       C        E7

But the way the Court has read that clause,
        Am      C         D         F

It means something exactly reverse.
         Am          E7      Am



Grow wheat to use on your own farm,
      Am      C      D        F

Grow weed for your own smoke,
     Am       C        E7

And the Court calls it "interstate commerce"; they've
        Am              C          D          F

Made federalism a joke.
     Am     E7    Am




There is a Court in Washington,
      Am   C        D      F

They call, "U.S. Supreme."
     Am       C     E7

It has been the ruin of our states' rights,
       Am       C       D           F

An injustice that we must redeem. 
     Am           E7        Am 


Fin.

I sometimes like to play it, as befits a case inspired by Raich, with a Reggae flavor: down, up, and down with a mute. However you sing it, though, sing it loud and sing it proud!

[NB: For reasons discussed in the comments, I changed the key from C to Am. Also, I changed the lyrics and added chords well after the first posting. I thank Eugene Volokh for questioning whether the first version scanned (it didn't), Janet Mulligan for suggesting "redeem," and students of the IHS Pitzer Liberty and Society Seminar for patiently suffering through an early rendition. I also performed for those IHS students a French verse about EU's effect on regional governance, a copy of which you can find here.]