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Keyword: wickard

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  • Scalia book: Landmark Supreme Court decision in 1942 expanded Commerce Clause “beyond all reason”

    06/19/2012 8:52:12 PM PDT · by Ken H · 23 replies ^ | JUNE 18, 2012 | ALLAHPUNDIT
    -snip-Justice Scalia writes, for instance, that he has little use for a central precedent the Obama administration has cited to justify the health care law under the Constitution’s commerce clause, Wickard v. Filburn. In that 1942 decision, Justice Scalia writes, the Supreme Court “expanded the Commerce Clause beyond all reason” by ruling that “a farmer’s cultivation of wheat for his own consumption affected interstate commerce and thus could be regulated under the Commerce Clause.”… Justice Scalia’s treatment of the Wickard case had been far more respectful in his judicial writings. In the book’s preface, he explains (referring to himself in...
  • Americans Are Worrying About the Constitution Again

    04/04/2012 11:36:19 AM PDT · by Mikey_1962 · 9 replies
    Rasmussen ^ | 4-4-12 | Michael Barone
    "I don't worry about the Constitution," said Rep. Phil Hare, Democrat of Illinois, at a town hall meeting where voters questioned his support of the legislation that became Obamacare. You can find the clip on, where it has 462,084 hits. That was before the 2010 election, in which Hare, running for a third term in a district designed by Democrats to elect a Democrat, was defeated 53 to 43 percent by Bobby Schilling, proprietor of a pizza parlor in East Moline. A lot of politicians are worrying about the Constitution these days. Liberal commentators were shocked this past week...
  • The Rotten Basis of Obamacare.

    06/29/2011 2:33:14 PM PDT · by Jacquerie · 28 replies
    Avalon Project ^ | Jacquerie
    On August 18th 1787, at the Federal Convention, an Enumerated Power was motioned for addition to our Constitution. That was, “To establish public institutions, rewards, and immunities for the promotion of agriculture, commerce, trades and manufactures.” Say what? Oh yes. Any Freeper knows this did not make its way into Article I Section 8. Instead, the delegates approved the familiar Commerce Clause, “To regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.” Direct government involvement in “Promotion of commerce,” was rejected for regulation of commerce. Big difference, eh? Well, apparently not to FDR’s court some...
  • Out-of-State Owners Could Face Tax Bill (New York)

    02/11/2011 11:06:01 AM PST · by Dr.Deth · 57 replies
    Wall Street Journal ^ | February 11, 2011 | Craig Karmin
    A New York court ruled last month that all income earned by a New Canaan, Conn., couple is subject to New York state taxes because they own a summer home on Long Island they used only a few times a year. They have been hit with an additional tax bill of $1.06 million. Tax experts and real estate brokers say this ruling could boost the tax bill for thousands of business executives who own New York City apartments they use only occasionally. It could also hurt sales in the Hamptons and New York's other vacation-home communities.
  • Chamber’s Donohue: ‘Regulatory Tsunami’ Coming

    11/17/2010 1:25:42 PM PST · by Slyscribe · 29 replies
    IBD's Capital Hill ^ | 11/17/2010 | Sean Higgins
    Chamber of Commerce President Tom Donohue indicated on Wednesday that the business group was looking past Congress and focusing more on federal regulators now that the election’s over. Donohue, during an address to members this morning, cited the threat of a “regulatory tsunami” as “the biggest single threat to job creation.” He claimed that the EPA is advancing 29 proposed major rules and the Labor Department was pushing “at least 100 regulations and policy changes.” The new financial regulatory overhaul has 320 required rule makings, and ObamaCare creates 183 “agencies, commissions and panels.”
  • Polls show Support for Prop 19 Waning

    10/30/2010 10:17:43 AM PDT · by SoCal SoCon · 48 replies
    Christian Science Monitor ^ | 10/30/2010 | SoCal SoCon
    In the latest news from my home state, aka La-La Land of the Loony Left, last week's polls showed that the initially high support for Prop 19, which would legalize recreational marijuana, have dropped below 50% .
  • Reid's Push To Nationalize Police Unions

    06/15/2010 5:27:06 PM PDT · by Kaslin · 28 replies · 490+ views
    IBD Editorials ^ | June 15, 2010 | WARNER TODD HUSTON
    In an effort to please union backers ahead of the 2010 midterm elections, Senate Majority Leader Harry Reid is quietly trying to nationalize rules governing every police, fire and first responder union in the nation. Through the benignly named Public Safety Employer-Employee Cooperation Act (H.R.413), Reid wants all first responders represented by collective bargaining rules emanating from Washington D.C. Naturally this legislation is being pushed as a matter of "national security." Democrats' union supporters will greatly benefit from nationalized rules for police and fire unions. This plan would replace with federal rules state laws on collective bargaining between state and...
  • Obama Begins "Lifestyle Health Modification" Program, Mandating Behavioural Changes in US Society

    06/13/2010 6:15:05 PM PDT · by kirbyu · 214 replies · 5,976+ views
    Zero Hedge ^ | 6-13-10 | Tyler Durden
    Last week, with little fanfare, among the ever deteriorating oil spill crisis, the White House quietly noted the issuance of an executive order "Establishing the National Prevention, Health Promotion, and Public Health Council", in which the president, citing the “authority vested in me as President by the Constitution and the laws of the United States of America” is now actively engaging in "lifestyle behavior modification" for American citizens that do not exhibit "healthy behavior." At least initially, the 8 main verticals of focus will include: smoking cessation; proper nutrition; appropriate exercise
  • Sting and Soros Hook Up For A Duet Of Pro-Drug Stupidity

    06/11/2010 11:39:21 AM PDT · by Mozilla · 12 replies · 447+ views
    Big Hollywood ^ | June 11, 2010 | Kurt Schlichter
    Seeing that George Soros and Sting are working together to “end the drug war” puts me in mind of a story an Army buddy who works in the DEA told me about busting in the door of a drug house only to find three occupants – the oldest four years old, having been left in charge while his “parents” went out to score meth. Yeah, drug use is a victimless crime – if you ignore the victims. Apparently not content to subsidize the whining of the nonentities at Media Matters, Soros is taking a break from his adventures in currency...
  • The Tea Party and the Drug War

    06/07/2010 11:20:04 AM PDT · by bamahead · 100 replies · 144+ views
    National Review ^ | June 7, 2010 | Jeffrey A. Miron
    Voter dissatisfaction with Republicans and Democrats is at historic levels, and the tea-party movement is hoping to play kingmaker in the November elections. The country’s current breed of discontent is ideal for the tea parties, because economic concerns are foremost, allowing the movement to sidestep the divisions between its libertarian and conservative wings. As the elections near, however, voters will want to know where the party stands not just on the economy but on social issues. A perfect illustration is drug policy, where conservatives advocate continued prohibition but libertarians argue for legalization. Which way should the tea party lean when...
  • Lawsuit to feds: Constitution says, 'No you can't'

    06/01/2010 7:08:59 PM PDT · by Man50D · 24 replies · 1,059+ views ^ | June 01, 2010 | Bob Unruh
    The newest legal brief in a court challenge to Obamacare, the president's nationalization of health care across the U.S., says the Constitution simply doesn't allow the federal government to demand a payment for not doing something. The case was brought by the Thomas More Law Center on behalf of several individuals. It challenges the government's plan to force individuals to buy health-care insurance and pay for abortions, among other issues, or be penalized. It was brought in the U.S. District Court for the Eastern District of Michigan and seeks an injunction to halt the plan. Named as defendants in the...
  • Legalizing Marijuana, So Politicians Can Spend More Money

    05/17/2010 9:29:02 AM PDT · by OneVike · 55 replies · 939+ views
    ChicoER Gate ^ | 5/17/10 | Chuck Wolk
    Come November, Californians will have the chance to legalize marijuana for the specific purpose of raising revenues via taxes. We all knew that it would be just a matter of time before the same individuals would get enough signatures to put the legalization of marijuana up for a vote by the California citizens. It is a bit ironic when you consider how militant the same individuals wanting marijuana legalized have gone on a witch hunt against tobacco products. The attack on the tobacco industry began over 50 years ago when the Surgeon General forced the tobacco company's to label...
  • US files first defense of health care law in court

    05/12/2010 5:11:25 PM PDT · by Nachum · 22 replies · 670+ views
    google ^ | 5/12/10 | RICARDO ALONSO-ZALDIVAR
    WASHINGTON — Critics who allege that Congress overstepped the U.S. Constitution by requiring Americans to carry health insurance are "flatly wrong," the Obama administration said Wednesday in its first court defense of the landmark health care law. Congress acted well within its power to regulate interstate commerce and to provide for the general welfare, Justice Department lawyers argued in a 46-page brief filed in federal district court in Detroit. For the courts to overturn President Barack Obama's signature domestic legislation would amount to unwarranted interference with the policymaking authority of Congress, they added.
  • Legalize pot? Get mom onboard Activists target women in push to legalize marijuana

    05/08/2010 5:22:01 PM PDT · by Bad~Rodeo · 309 replies · 2,654+ views
    msnbc ^ | Sat., May 8, 2010 | KRISTEN WYATT
    DENVER - Moms got tougher drunk-driving laws on the books and were directly responsible for passing and then repealing alcohol Prohibition. Now marijuana activists are trying to enlist the nation's mothers in legalization efforts with a sales pitch that pot is safer than booze. The nation's largest marijuana legalization lobby recently started a women's group. The Moms4Marijuana website draws thousands. And just in time for Mother's Day, a pot legalization group in Denver has created a pink-carnation web card asking moms to support legalization. These marijuana moms argue that pot is no worse than alcohol, that teens shouldn't face jail...
  • FDA plans to limit amount of salt allowed in processed foods for health reasons

    04/19/2010 9:18:34 PM PDT · by Ken H · 90 replies · 1,436+ views
    Washington Post ^ | April 20, 2010 | Lyndsey Layton
    The Food and Drug Administration is planning an unprecedented effort to gradually reduce the salt consumed each day by Americans, saying that less sodium in everything from soup to nuts would prevent thousands of deaths from hypertension and heart disease. The initiative, to be launched this year, would eventually lead to the first legal limits on the amount of salt allowed in food products. The government intends to work with the food industry and health experts to reduce sodium gradually over a period of years to adjust the American palate to a less salty diet, according to FDA sources, who...
  • Proposed Bill May Destroy Freedom of Access to Nutritional Supplements (McCain + a Democrat)

    02/25/2010 5:29:52 AM PST · by webschooner · 47 replies · 1,328+ views ^ | 2-19-2010
    McCain-Dorgan Bill could make nutritional supplements available only by doctor’s prescription; stifling natural product innovation. (FORT LAUDERDALE, Fla.) - Ironically, in the middle of American Heart Month 2010, the U.S. Senate is weighing a proposed amendment to the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321) that could deny freedom of access and mandate a doctor’s prescription for many dietary supplements, like purified fish oil, which could become seven times more expensive than it is today. Senators John McCain (R-AZ) and Byron Dorgan (D-ND) have dubbed their new bipartisan bill the “Dietary Supplement Safety Act of 2010.” A reading...
  • 'Constitutional' conservatives -- not

    02/24/2010 3:24:36 AM PST · by Scanian · 178 replies · 1,391+ views
    NY Post ^ | February 24, 2010 | JACOB SULLUM
    The day before last week end's Conservative Political Action Conference in Washington, a group of prominent conservatives gathered a few miles away at the Virginia estate of our first president. Their Mount Vernon Statement swears fealty to a "constitutional conservatism" that "applies the principle of limited government based on the rule of law to every proposal" and "honors the central place of individual liberty in American politics and life." If only they meant it. Constitutional conservatism certainly sounds better than "compassionate conservatism," which turned out to be code for big-government conservatism. And it is easy to hope that the thread...
  • Wyoming considering 2nd amendment nullification law - Jail Time for Federal Agents who violate

    02/16/2010 6:42:04 PM PST · by Jeff Head · 142 replies · 3,831+ views
    NAtional Expositor - 10th Amendement Center ^ | February 16, 2010 | Jeff Head
    In 2009 Montana and Tennessee passed state laws for the 2nd amendment nullifying Federal efforts. Now, Wyoming is on the verge of passing one with some teeth, and 21 other states are considering it. Come on Idaho and Texas and all you others. Time to step up to the plate and restore the Constitution! State Representative Allen Jaggi has introduced a “Firearms Freedom Act” (FFA) for the state – it’s filed as House Bill 95 (HB95). While the FFA’s title focuses on gun regulations, it has far more to do with the federal violations of the commerce clause. If...
  • ATF tells TN that a federal gun law trumps the state’s

    09/23/2009 7:28:59 PM PDT · by HogsBreath · 147 replies · 5,388+ views
    Commercial Appeal ^ | september 23, 2009 | Richard Locker
    NASHVILLE - The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has told Tennessee gun dealers to disregard a state statute that exempts firearms made and sold inside Tennessee from federal gun laws and registration. The ATF says the federal laws still apply regardless of the state's move. The Tennessee legislature considered and approved several bills this year to reduce restrictions on firearms, including one bill that its sponsors labeled the "Tennessee Firearms Freedom Act." It passed overwhelmingly, the House 87-1 and the Senate 22-7, despite warnings by some lawmakers that it could subject Tennessee citizens to federal prosecution and...
  • California Senate To Feds: Back Off!

    09/05/2009 4:04:45 PM PDT · by ChrisInAR · 32 replies · 2,104+ views
    The Tenth Amendment Center ^ | 9-4-09 | Michael Boldin
    My home state of California usually interacts with the federal government by genuflecting. But, on a few issues - very few, that is - they’ve got plenty of backbone. Most notably, marijuana. Last week, the California State Senate passed Senate Joint Resolution 14 (SJR14), calling on the federal government to end their “interference in state medical marijuana laws.” If passed by the Assembly, it will be sent on to Congress and the White House as an official position of the California legislature. THE INTERSTATE COMMERCE CLAUSE Under the Constitution of the United States, the federal government is authorized to exercise...
  • Alito on Machine Guns and Interstate Commerce

    10/31/2005 5:40:16 PM PST · by publiusF27 · 39 replies · 1,027+ views
    Some Law Library ^ | December 1996 | Alito
    In other words, the majority argues in effect that the private, purely intrastate possession of machine guns has a substantial effect on the interstate machine gun market. This theory, if accepted, would go far toward converting Congress's authority to regulate interstate commerce into "a plenary police power." Lopez, --- U.S. at ----, 115 S.Ct. at 1633. If there is any sort of interstate market for a commodity--and I think that it is safe to assume that there is some sort of interstate market for practically everything--then the purely intrastate possession of that item will have an effect on that market,...
  • Putting Federalism to Sleep (The wrong way to argue against assisted suicide)

    10/23/2005 3:45:57 PM PDT · by RWR8189 · 518 replies · 2,673+ views
    The Weekly Standard ^ | October 31, 2005 | Nelson Lund
     THE BUSH ADMINISTRATION CLAIMS THE authority to stop Oregon physicians from using prescription drugs to implement that state's unique program of physician-assisted suicide. But the administration's effort to use an ambiguous federal drug statute to undermine Oregon's assisted suicide law is a betrayal of conservative legal principles. Gonzales v. Oregon, argued before the Supreme Court earlier this month, may give an early signal about the commitment of the emerging Roberts Court to those principles. And the Court's decision could have unexpected implications for a range of other issues, including future policies about abortion.Like the administration, I believe that the people...
  • WSJ: William Rehnquist - Will our 'New Federalism' survive the Chief's death?

    09/06/2005 6:04:02 AM PDT · by OESY · 5 replies · 572+ views
    Wall Street Journal ^ | September 6, 2005 | RANDY E. BARNETT
    ...[I]t was William Rehnquist who was most personally responsible for what is now called "the New Federalism" -- the revival of the ideas that judiciary should protect the role of the states within the federal system and enforce the textual limits on the powers of Congress. Establishing the New Federalism took enormous effort and leadership by Rehnquist over many years. Now that legacy is in jeopardy. At the founding, and for some 150 years thereafter, the limits on congressional power provided by the Constitution... as modified by the Fourteenth Amendment-- were enforced by the Supreme Court. According to the textual...
  • WSJ: Who Will Judge the Inquisitors? - Sen. Schumer invites criticism and many judicial questions.

    07/21/2005 5:32:22 AM PDT · by OESY · 12 replies · 923+ views
    Wall Street Journal ^ | July 21, 2005 | RICHARD A. EPSTEIN
    ...I heard Senator Charles Schumer, somber and self-righteous, reach, as he so often does, for the microphone, to announce that gilt-edged credentials are not enough. In his view, all nominees must be vetted for the soundness of their ideological positions.... I hope that Judge Roberts resists the temptation to talk too much about past cases lest he prejudge future ones. Frankly, I care more about his willingness to listen than his ability to declaim at length. And I enthusiastically support his candidacy even if he rejects, publicly or silently, every outlandish position I hold dear. The fate of his nomination...