We now need a case to break the Wickard v. Filburn decision.
It too was decided on a magical reading of the Constitution.
Hear, hear!
We can dream.
And the justification is weird. The justification is that all commercial action has interstate ramifications, even if done on your own effort using your own resources. Farmer Filburn grew wheat and was liable for tax on the excess.
Tax justified becuase doing this for himself reduced the amount of trade.
But another farmer who did the same thing, grew excess grain, would NOT be liable, simply by not threshing the grain.
It's not the growing that affect the amount of grain, but the threshing? LOL. Nope.
on a magical reading of the Constitution
______
By 8 FDR appointed Supremes!
Interesting, what they can find in Constitution if they are looking.
The interstate commerce basically give the government the right to make sure states do not put duties against other states, block other states items transits through the state, etc, etc. I guess interstate roads and railways could apply within the frame. But that’s it!
I second you motion, this should go.
I would not be surprised, if it goes. Justice Thomas is probably looking for suitable case?