I recall learning about Wickhard v Filburn in Law School and simply staring in shock.
The basic idea: Anything that, when aggregated across the nation, could affect interstate commerce is therefore subject to federal regulation.
Can anyone name anything that doesn't apply in a nation of 300 million?
paulsen spins:
Close. Anything that, when aggregated across the nation, could substantially affect the interstate commerce that Congress is constitutionally regulating is therefore subject to federal regulation.
Without the power to do that, individuals or states could undermine and subvert Congress' ability to regulate.
Teacher317:
Thanks for the refresher. =^)
What did you learn Teach? -- Paulsen contends that ~any~ thing can be 'constitutionally' regulated/prohibited. -- Ask him.. There are no limits to commerce clause powers in the socialistic, 'majority rules' world advocated by paulsen.
Also phooey on him because I always have the line "In death, we do have names" and the subsequent chant "His name is Robert Paulsen" (a scene from Fight Club) whenever I see his posts! =^)