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To: markomalley; oblomov

>Pity most of the other justices don’t feel that way.

Neither does Justice Scalia or he would be opining and voting to completely overturn Wickard v Filburn (1942) instead of just nibbling at it here and there.

But that would revive pre-Prohibition jurisprudence on the interstate commerce clause and make the federal War on Drugs as unconstitutional and futile as the War on Alcohol was before the 18th Amendment.

Scalia would never do that and besides, he’d be outvoted by the liberals and other so-called conservatives on the Court 7-2 (with Justice Thomas).


8 posted on 03/15/2014 4:28:04 AM PDT by UnbelievingScumOnTheOtherSide (HELL, NO! BE UNGOVERNABLE! --- ISLAM DELENDA EST)
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To: UnbelievingScumOnTheOtherSide

But that would revive pre-Prohibition jurisprudence on the interstate commerce clause


There are a lot of Scalia and Thomas dissents referencing the absurd wrongheadedness of the current understanding of the commerce clause.


17 posted on 03/15/2014 7:34:11 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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