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To: 1010RD; All
"Wickard v. Filburn threw all that jurisprudence out."

Using terms like “some concept” and “implicit,” here is what was left of the 10th Amendment after FDR’s activist justices got finished with it in Wickard v. Filburn.

“In discussion and decision, the point of reference, instead of being what was “necessary and proper” to the exercise by Congress of its granted power, was often some concept of sovereignty thought to be implicit [emphases added] in the status of statehood. Certain activities such as “production,” “manufacturing,” and “mining” were occasionally said to be within the province of state governments and beyond the power of Congress under the Commerce Clause.”—Wickard v. Filburn, 1942.

FDR’s thug justices had essentially reduced the 10th Amendment to a wives’ tale imo.

48 posted on 03/04/2015 7:47:24 PM PST by Amendment10
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To: Amendment10

Totally agree, but now imagine the CC in the hands of a conservative AG and POTUS. I think you could undo a lot of state laws that interfere with interstate commerce.


49 posted on 03/05/2015 6:28:16 AM PST by 1010RD (First, Do No Harm)
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