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To: publiusF27
Do you think Wickard and its descendants have altered the Constitution by judicial fiat?

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.

1,570 posted on 06/30/2010 12:19:42 PM PDT by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: Mojave
Even assuming that for the sake of discussion, you're just offering a two wrongs make a right argument.

No, I was offering a "we're both hypocrites" argument. You don't seem to have a problem with judicial activism when it comes to the commerce clause, and I don't have one when it comes to incorporating the second amendment.
1,571 posted on 06/30/2010 12:42:42 PM PDT by publiusF27
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