4 ms·
The problem is the process of producing it (manufacture) and selling it (commerce), are inextricably tied to Interstate commerce, thanks to some stupid case abo
by salawat 4y ago
The problem is the process of producing it (manufacture) and selling it (commerce), are inextricably tied to Interstate commerce, thanks to some stupid case about how wheat grown for intra-state non-commerce is inextricably still covered by Federal jurisdiction because that intra-state non-sale effects the interstate market.
I kid you not. Link below, read it.
The same logic that is applied to making production of fully automatic weapons for personal use a no-no in a State that explicitly allows it is the exact same legal logic that makes THC prosecutable at will by the Feds.
You can't take out one without taking out the other, because they both stem from the most abusable pieces of jurisprudence ever admitted to the U.S. code.
https://en.m.wikipedia.org/wiki/Wickard_v._Filburn https://en.m.wikipedia.org/wiki/Wickard_v._Filburn
Enjoy. If you are a U.S. citizen, this is the case that basically gave the Feds carte blanche to drop in on anything because of whatever tenuous excuse the judges/DA's in question decided to apply to link it to Interstate Commerce.
I have come across few cases that make me scream more than Wickard v. Filburn.
- sgjohnson 4y agoWhat I find more riduculous than the Wickard v. Filburn case is the fact that it was partially overturned by a gun case. > Possession of a handgun near a school is not an economic activity and doesn't have a substantial effect on interstate commerce, and therefore cannot be regulated by Congress. The Gun-Free School Zones Act of 1990 is unconstitutional. And even more riduculous is the fact that certain justices dissented on this opinion. Of course it’s all heavily politicized, but the federal government really loves milking the commerce clause ad absurdum.