Why even applaud the effort? Do we think the Perry team is ignorant of Wickard? If not, then why do it? PR stunt? I think this sort of thing creates false impressions out there about a)the scope of the commerce clause and b) nullification, two fights the states have already lost, and will lose again if they try it.
Wickard is ripe for a challenge. Somewhere at some time there will be a case of the feds relying on Wickard for something so absurd that even the semi-statist Supreme Court will have no choice but to overturn that abomination. In any case, it’ll NEVER get tossed out if we continue to meekly accept it. Better to go out on one’s feet than on one’s knees, I always say. Besides, sooner or later some state is going to grow the cajones to tell the feds to shove it, and if the feds don’t like it then they can send in soldiers...in full view of the world. The feds will have to back down, and that will be the beginning of the (hopefully peaceful) Second American Revolution.