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.
I've never managed to have a discussion on FR with anyone who knew (or was even willing to learn) anything about the actual facts in the Wickard case. Feel free to discuss that case further here.
I think they have done so every bit as much as the incorporation mess, but through the aggregation and substantial effects tests.
Even assuming that for the sake of discussion, you're just offering a two wrongs make a right argument.