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>"the federal government is free to mandate certain things that otherwise would hinder that freedom of movement and trade" This logic gives the Federal Governm
by nickff 10y ago
>"the federal government is free to mandate certain things that otherwise would hinder that freedom of movement and trade"
This logic gives the Federal Government almost unlimited power, since almost everything affects commerce. Are you proposing that commandeering of state governments by the federal government be permitted? What limits would you place on this 'right to encourage commerce'?
- rblatz 10y agoUnfortunately that is what has happened. The commerce clause has become so broad that growing crops on your own land to feed your own animals counts as interstate commerce.
- nickff 10y agoYes, I think Wickard v. Filburn was incorrectly decided, and must be overturned, regardless of stare decisis. It seems that the comment I replied to had actually proposed an even more expansive interpretation of the commerce clause, which would broaden the federal government's power to regulate all state government activities with an impact on commerce, which I would interpret as absolutely everything.