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To: Rockingham
In doing so, the Court held that all Federal laws need not be "absolutely necessary" to be necessary and proper.

Yeah, that's a problem. Given traditional deference to the legislature in deciding what is necessary or proper for them to do, I can't see Scalia's "limitation" as meaningful or applicable in the real world.

But at least he doesn't mention Wickard in every other sentence like Stevens insisted on doing. ;)
407 posted on 07/02/2010 8:59:18 AM PDT by publiusF27
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To: publiusF27

At most, Scalia was planting the seed of a potential revision in commerce clause doctrine.


408 posted on 07/02/2010 5:22:02 PM PDT by Rockingham
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