The Commerce clause is historically one of the most abused clauses in the Constitution. Authoritarians have used it, along with the taxing power, repeatedly in their assault on freedom.
“ The Commerce clause is historically one of the most abused clauses in the Constitution. Authoritarians have used it, along with the taxing power, repeatedly in their assault on freedom.”
In an infamous example during the FDR junta, the commerce clause was used to control the price of tomatoes grown, sold and consumed within the state of Ohio (I think) because those prices could affect the price of tomatoes grown in California and sold in or near Ohio.
True. Both have been abused excessively. You can't always depend upon 'conservative' justices to uphold our rights when the commerce or taxing clauses are in play. I'd add 'police powers' to that list as well. Even Thomas gives far more deference to the state than I would.