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

To: publiusF27
Alito’s opinion was informed by recent history.

Recent history?

That history shows that incorporation has already been irreversibly embraced

As the preferred tool embraced by the left to alter the Constitution by judicial fiat.

You never made that complaint about Wickard when discussing Raich.

I never even offered the 14th Amendment, "recent history" incorporation or substantive due process as arguments at all when discussing Wickard or Raich.

1,568 posted on 06/30/2010 8:28:20 AM PDT by Mojave (Ignorant and stoned - Obama's natural constituency.)
[ Post Reply | Private Reply | To 1567 | View Replies ]


To: Mojave

Do you think Wickard and its descendants have altered the Constitution by judicial fiat?

I think they have done so every bit as much as the incorporation mess, but through the aggregation and substantial effects tests.


1,569 posted on 06/30/2010 9:17:08 AM PDT by publiusF27
[ Post Reply | Private Reply | To 1568 | 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