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

To: wolf24
Roberts did to I.8.1 what Scalia did to the Commerce Clause...

...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.

Scalia concurring in Raich

_________________________________________________________

Both Roberts and Scalia are complicit in killing the Tenth Amendment.

82 posted on 06/29/2012 10:25:27 PM PDT by Ken H
[ Post Reply | Private Reply | To 63 | View Replies ]


To: Ken H
The following is now established case law regarding the power of Congress to tax and regulate...

"The Federal Government may enact a tax on an activity that it cannot authorize, forbid, or otherwise control."

__________________________________________________________

"Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce."

92 posted on 06/29/2012 10:37:51 PM PDT by Ken H
[ Post Reply | Private Reply | To 82 | 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