But there is also the issue of the General Welfare clause, similarly warped by statists into a grant of Federal license to justify the exercise of non-delegated powers to the legislature. In either case, I think that Anthony Kennedy and perhaps one or two other non-conservatives may find it within themselves to ignore the tug of political pressure systems and recognize the explicit limits our founders placed upon Congress with respect to regulating purely voluntary human activities in commerce or in private life.
I don’t think overturning Wickard is in the cards, but it has to be invalidated at some point in the near future if we are to restore limited government. I’d like to win this election, and get a couple more good conservatives on the court first.