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

To: Jacquerie
As for "Proper" does the proposed bill violate our Natural or Constitutional rights? Does it involve a power retained by the states? If yes to either, it is not proper.

Correct. That's why Wickard and its progeny are so pernicious. They have expanded the scope of what is deemed Proper for Congress to regulate.

Scalia not only endorsed Wickard as Proper, he expanded its reach to include intrastate activities that do not themselves substantially affect interstate commerce, if they are Necessary to make the regulation effective.

26 posted on 11/17/2010 9:28:38 PM PST by Ken H
[ Post Reply | Private Reply | To 17 | View Replies ]


To: Ken H

It is why we must send virtuous people grounded in the Constitution to Congress and the Presidency. To rely solely on one branch to protect our liberties, the Supreme Court, is silly.


27 posted on 11/18/2010 3:02:37 AM PST by Jacquerie (The Constitution: An instrument drawn up with great simplicity, and with extraordinary precision.)
[ Post Reply | Private Reply | To 26 | 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