3 ms·
> 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 intrastat
by 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)