Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: 10thAmendmentGuy

10thAmendmentGuy: “I’m curious as to why you think them upholding ObamaCare would be such an egregious ruling.”

Even though the Commerce Clause has been warped and twisted in many ways, it’s never meant government has the right to force citizens to engage in commerce. Wickard v. Filburn, for example, didn’t force Filburn to buy wheat.


18 posted on 08/22/2011 3:44:21 AM PDT by CitizenUSA (Bad is easy. Anyone can do bad. Good, OTOH, is work. It takes discipline.)
[ Post Reply | Private Reply | To 8 | View Replies ]


To: CitizenUSA
Sadly, I think you underestimate the lengths to which the Commerce Clause has been decimated. I hope you are right, because the individual mandate is clearly unconstitutional.

Wickard was disgusting, but the first nail in the coffin was actually National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937). In that case, the Supreme Court ruled that the Commerce Clause gave Congress the power to regulate labor relations. This is the case that gave Congress basically unlimited power to regulate both economic AND non-economic activity under the Commerce Clause.

21 posted on 08/22/2011 3:56:50 AM PDT by 10thAmendmentGuy
[ Post Reply | Private Reply | To 18 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson