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0 pointstmaly7y ago0 comments

I think this was a serious abuse of the commerce clause. It seems you could effectively argue that anything affects interstate commerce and extend this type of reasoning in a way that circumvents the idea of commerce within the confines of the state border.

This type of abuse of the commerce clause should be rolled back to something more sane that reflects the original intent. The courts seem to bend the words of the constitution to increase central authority. Our freedoms suffer as a consequence in my opinion.

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pas7y ago

You of course can argue that anything and everything affects interstate commerce, but ... in 1995 in Lopez the Court held that, no, there are truly local things, and laws not dealing with commerce (like the gun-free zone for schools act that was struck down at that time) lack authorization from the Constitution.

And this view was again reinforced in Morrision. Congress tried to use the Commerce clause to criminalize rape against women. The Court held that even though violence against women surely has some effect on the economy, that is very far from substantial. Even if viewed in the aggregate.

Our freedoms suffer some, sure, but the wheat (and other) market(s) got saner, which helped a lot of people, greatly expanding their freedoms. (On the other hand Wickard is used to regulate medical marijuana, which takes away some freedom.) But, but... it also allowed (and would allow) fixing healthcare, which was (would be) a big freedom improvent.

tmalyOP7y ago

I am not quite sure the market(s) got saner. I would argue that these laws impeded the recovery during the great depression. We had a mini depression in 1921 that recovered much faster without this overreach of the commerce clause.

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0 pointstmaly7y ago0 comments

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pas7y ago

tmalyOP7y ago

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