To: Jacquerie
The expansion of Congress's commerce clause powers was inevitable after the ill advised passage of the 17th Amendment.
It's all so clear now that the carefully devised separation of powers set up by the Founders was nothing less than shattered by said Amendment and the subsequent expansion of federal power to regulate everything under the sun.
I will note that for all the crap that we (especially me) have given Roberts, at least he didn't join the reasoning of the four lefties in upholding zerocare.
He was careful to not allow the government's understanding of the commerce clause to uphold the horrible law.
His language regarding the commerce clause combined with the dissent actually reflects a slight chipping away of Wickard IMHO.
In this case it will be easy (if Roberts is inclined) to shove this case right down their throats. The language is crystal clear and far from ambiguous. The IRS is basically just asking the court to wink at the issue and say “well that's not what they really meant”.
13 posted on
07/14/2014 10:42:30 AM PDT by
Clump
( the tree of liberty is withering like a stricken fig tree)
To: Clump
Quite right. The restoration of republican freedom is possible only on repeal of the 17th.
Wickard also flew in the face of our Framers, who specifically rejected expansive powers over any and all things remotely related to commerce.
The Rotten Basis of Obamacare.
14 posted on
07/14/2014 12:48:44 PM PDT by
Jacquerie
(Take back our republic. Article V.)
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