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To: Whenifhow; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; ...



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2 posted on 09/15/2010 9:10:26 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: Red_Devil 232

Thought you might like to read of this insanity.


5 posted on 09/15/2010 9:16:49 AM PDT by rightly_dividing
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To: bamahead
it has happened before

Wickard v. Filburn 1942

Facts of the Case:
Filburn was a small farmer in Ohio. He was given a wheat acreage allotment of 11.1 acres under a Department of Agriculture directive which authorized the government to set production quotas for wheat. Filburn harvested nearly 12 acres of wheat above his allotment. He claimed that he wanted the wheat for use on his farm, including feed for his poultry and livestock. Fiburn was penalized. He argued that the excess wheat was unrelated to commerce since he grew it for his own use.

Question:
Is the amendment subjecting Filburn to acreage restrictions in violation of the Constitution because Congress has no power to regulate activities local in nature?

Conclusion:
According to Filburn, the act regulated production and consumption, which are local in character. The rule laid down by Justice Jackson is that even if an activity is local and not regarded as commerce, “it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce, and this irrespective of whether such effect is what might at some earlier time have been defined as ‘direct’ or ‘indirect.’”

http://www.oyez.org/cases/1940-1949/1942/1942_59

7 posted on 09/15/2010 9:20:09 AM PDT by Gordon Pym
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To: bamahead
The government way out of bounds.


26 posted on 09/15/2010 10:29:47 AM PDT by Lady Jag (Double your income... Fire the government)
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