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To: Tublecane
I’d like to clarify your confusion derives from the inappropriate inclusion of the registered carrier red herring and the mistaken attribution of “incidental effect.”

You might like to, but that doesn't mean you get to. You're going to have to do better than simply declaring it so.

103 posted on 09/01/2012 4:38:43 PM PDT by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: tacticalogic

I did more than simply declare it, and I think you know it. I said why it wasn’t “incidental”: otherwise why would it be in SCOTUS’ eyes “necessary”? I said why the registered carrier bit was a red herring: because it being so wouldn’t empower the government to regulate yge hours of operation of its hub or hoe it throws out its garbage. The feds were allowed to regulate intrastate rates because they were “substantially related” to interstate commerce.

Wickard did not turn Shreveport on its head; it merely extended it. Imagine if the farmer had been a registered interstate seller of wheat, if such a thing existed. Would Shreveport provide precedent for calling his growing food for personal consumption interstate commerce? No, any more than they would have called the registered interstate carriers growing wheat on railroad property interstate commerce. Shipping in intrastate lines was so called because first and foremost it was commerce, and also because it was often merely a leg of a longer interstate trip.

So there we have the difference: Shreveport was for calling non-interstate commerce interstate. Wickard was for calling non-commerce interstate commerce. I’m not saying the seeds of the latter were planted in the former. But I am saying that the farmer not being a registered interstate carrying railroad is not grounds for saying Wickard upended Shreveport.


106 posted on 09/01/2012 6:11:46 PM PDT by Tublecane
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