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Arguably most of the US government is unconstitutional under such a strict constructionist view of the constitution. In practice, considering home construction
by javagram 7y ago
Arguably most of the US government is unconstitutional under such a strict constructionist view of the constitution.
In practice, considering home construction and home buying are often transacted in interstate commerce (e.g. a company buying parts or supplies from out of state to build), it’s likely a Supreme Court case against a law relating to zoning could be upheld. The federal government already claims the ability to regulate other things such as guns constructed within the borders of a state and never moved outside them, all based on the arguments upheld in cases like Wickard that they possibly could affect interstate commerce.