3 ms·
> However i don’t know if states rights and separation of duties screws this up. The history of the US shows that such things matter only when there is no bipa
by LudwigNagasena 6y ago
> However i don’t know if states rights and separation of duties screws this up.
The history of the US shows that such things matter only when there is no bipartisan support.
See for example the Commerce Clause that explicitly grants the Congress the power to regulate interstate trade, yet it is used as a basis to justify intrastate regulations (e.g. drug prohibition).
- unishark 6y agoThis seems to e a general cultural thing where rules are seen as malleable. See how well the lockdown is (not) being adhered to.
- neilparikh 6y ago> See for example the Commerce Clause that explicitly grants the Congress the power to regulate interstate trade, yet it is used as a basis to justify intrastate regulations (e.g. drug prohibition). If anyone is curious, this is due to Wickard v. Filburn (https://en.wikipedia.org/wiki/Wickard_v._Filburn https://en.wikipedia.org/wiki/Wickard_v._Filburn), a very unfortunate Supreme Court decision made in 1942. This decision was cited as precedent in Gonzales v. Raich (https://en.wikipedia.org/wiki/Gonzales_v._Raich https://en.wikipedia.org/wiki/Gonzales_v._Raich)