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@West Texan and @Danny313

The current issues with the Commerce Clause going back to Wickard v. Filburn create a real problem. The Federal government has been using Wickard to expand reach for yearsw. One example of their step to far was the Gun Free School Zones issue. In it the Supreme Court Rulled that the argument that they could regulate firearms because the purchase was interstate fell apart. But this has been in contravention to Wickard.

The reason they lost the Gun Free School Zones case was very specific to the argument they made at the time. If they want to make the argument, as they did in Filburn, that all gun sales were interstate and as such needed to be under federal regulation they could have succeeded. Instead they really over-reached just to make a point. They don't try again now because of the lobying power of the NRA not the clairity of the case law. We need to have the supreme court overturn Wickard.

You can read a full summary here:

2 years, 7 months ago on Not Everything is “Interstate Commerce”


Great Article. I wrote a very similar piece quite a while ago that provides a review of Wickard v. Filburn, the path to expansion of powers by the feds, and the point where they not only stepped over the line but the actions that have been reversing some of the more glaring expanisons.

It is available here.

2 years, 8 months ago on Not Everything is “Interstate Commerce”