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To: Jacquerie
Good find; I'd forgotten about it. Thank you.

The key to ridding ourselves of Wickard is to show the court why it is totally unnecessary in order to meet the "regulatory needs" (health, safety, environmental protection, etc.) they perceive that the society at large has supposedly demanded of the Federal government. Not only were these powers to be retained by the States, but the actual needs themselves are replaceable by a vibrant market in risk-management.

What we have effectively done with regulation is to have nationalized the insurance industry in the name of protecting its investors from out-of-control tort law. The problem is that manipulating such powers then become playthings for politicians and empires for bureaucrats all feeding a corrupt corporate/foundation machine. The reality of Wickard has finally come home to roost.

26 posted on 11/20/2011 7:30:30 AM PST by Carry_Okie (In the GOP, desperation is the mother of convention.)
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To: Carry_Okie
Yeah, I feel your pain and there is certainly no power or need, Constitutional or otherwise, for the feds to be so involved in health, safety, . . . etc.

At the Constitutional Convention, Roger Sherman twice submitted a clause that reserved the police power to the States, “that no State shall without its consent be affected in its internal police, or deprived of its equal suffrage in the Senate.” The last clause made the Constitution, but alas, not the first. It is a shame his police power clause did not make the cut, maybe it would have made a difference, but then again, the Left are expert at twisting plain language to their purpose, like the innocuous commerce clause.

Wickard is constitutional fantasy. Until Scotus is willing to pitch 80 years of rot, to scrape off the many layers of flawed judicial scabs atop our Constitution, we are screwed.

28 posted on 11/20/2011 9:44:00 AM PST by Jacquerie (Think outside the pizza box.)
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