Monday, August 15, 2011
Does the Government Pervert the Constitution Through the Commerce Claus as Well as the General Welfare Claus?
The grand champion is without a doubt the Commerce Clause. Read some of the cases which have come out of SCOTUS over the years based on the Commerce Clause. The more it involves tortured logic and mental gymnastics, the more likely it is to have been decided by virtue of the Commerce Clause. My personal favorites are Wickard v. Filburn and Heart of Atlanta Motel v. United States. Let me hasten to add that I agree with the ultimate impact that the Heart of Atlanta has had on American society, but the way at which they arrived at the decision is clic judicial activism.
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