After the Supreme Court decided Wickard v. Filburn (1942), virtually any intrastate activity with an attenuated connection to interstate commerce was deemed to be within the managerial power of Washington’s politicians and bureaucrats. In Wickard, a farmer was penalized under the Agricultural Adjustment Act for exceeding his marketing quota for wheat production-and much of the wheat was for his own consumption! By this point, there could be few further enlargements of the clause’s power through simply the inflation of its meaning. Instead, it would be expanded to regulate private social relations, using the same tortured cause and effect relationship, with little pretense that the power was being used to regulate interstate commerce or even commerce itself. It would be used to create a license for one private actor to dictate the property usage, "proper" social conscience and human associations of another; it was a weapon invented and granted by government.Over time constitutions break down.
Friday, March 16, 2007
The Commerce Clause Road To Tyranny
Michael Giuliano reports on the justification of ever expanding government: