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To: frithguild

That’s the decision I was trying to remember. Thomas’s dissent was in accord with the constitution. The majority ruling was not. Wickard v. Filburn should be overturned. There is no way that growing crops on your own land for your own use falls into interstate commerce. The Commerce Clause is used as a pretext for the fed to be involved in virtually anything.


75 posted on 09/08/2022 1:19:04 PM PDT by CitizenUSA (Proverbs 14:34 Righteousness exalts a nation, but sin is a disgrace to any people.)
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To: CitizenUSA

Wickard and commerce power was one serious error. Another was US v Butler, where the Court determined Congress has the power to tax for the general welfare, which swalliws up the design that Congress can tax only for the reasons listed.

Both of there extraordinary errors took place while Roosevelt and the neo-Wilsonians were looking to emulate German National Socialism and Russian Soviet Communism. Remember - Roosevelt was trying to pack the Court because it was finding the New Deal went beyond what the Constitution permitted.

Until Dobbs, the Court has been transfixed with President, rather than fidelity to the Constitution. At one time my tag line was, “If the Constitution is a living document, it has a malignancy uner its penumbra which needs surgical removal.” Wickard and US v Butler need the scalpel, if not from the Court then by a Convention of the States.


76 posted on 09/08/2022 7:44:53 PM PDT by frithguild (The warmth and goodness of Gaia is a nuclear reactor in the Earth's core that burns Thorium)
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