Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Ancesthntr

As a 3d year law student, I too found Wickard absurd, a relic of WWII and the New Deal that strains "effect" on interstate commerce to the point of absurdity. Scalia should see Wickard for what it was: a wartime decision that was tailored for a specific set of facts/cirsumstances, that was an "emergency" measure lacking the aura of stare decisis. I will be very, very disappointed in Scalia and Thomas if they vote to uphold this absurdity because they dislike marijunana.


44 posted on 12/17/2004 11:17:08 AM PST by scottybk ("Pure democracy is 2 tigers and a lamb voting on what to eat for lunch." Benj. Franklin)
[ Post Reply | Private Reply | To 27 | View Replies ]


To: scottybk

Exactly. This case could legitimize Wickard for the sake of so-called-morals. Wickard could easily be distinguished on the grounds that it was a wartime decision to protect the nation's wheat industry.


49 posted on 12/17/2004 11:27:09 AM PST by VaBarrister
[ Post Reply | Private Reply | To 44 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson