To: Rockingham
In doing so, the Court held that all Federal laws need not be "absolutely necessary" to be necessary and proper.
Yeah, that's a problem. Given traditional deference to the legislature in deciding what is necessary or proper for them to do, I can't see Scalia's "limitation" as meaningful or applicable in the real world.
But at least he doesn't mention Wickard in every other sentence like Stevens insisted on doing. ;)
To: publiusF27
At most, Scalia was planting the seed of a potential revision in commerce clause doctrine.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson