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To: Ancesthntr
-- Seriously, Wickard must be tossed out. --

It's not the Wickard case that's the problem. It's the way the Wickard case has been construed by subsequent courts, ignoring the law and facts of Wickard, and taking a pro-fed-power remark as having unlimited application.

Those who read to the end of the case find out that Filburn could have consumed the excess on premises without penalty, by feeding unthreshed grain to his livestock (a common means of consumption).

The Wickard Court suggests that Filburn could not consume his grain without penalty, then explains why allowing this will affect interstate commerce, and therefore it's permissible to penalize growing wheat for home consumption. But the law did not forbid growing wheat for home consumption.

14 posted on 12/03/2010 7:41:38 AM PST by Cboldt
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To: Cboldt
it's permissible to penalize growing wheat for home consumption. But the law did not forbid growing wheat for home consumption.

A difference without a distinction. The sticking point here is that the federal government, under the Commerce Clause, can regulate an activity that within itself is not commerce and does not cross state lines.

19 posted on 12/03/2010 8:09:52 AM PST by antiRepublicrat
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To: Cboldt
Those who read to the end of the case find out that Filburn could have consumed the excess on premises without penalty, by feeding unthreshed grain to his livestock (a common means of consumption).

We know about that. Even that isn't adequate deference by them to us.

23 posted on 12/03/2010 8:19:06 AM PST by Still Thinking (Freedom is NOT a loophole!)
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