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Effete Snob

(8,387 posts)
25. The case you are referring to....
Tue Jun 28, 2022, 10:33 AM
Jun 2022

Wickard v. Filburn, the case you mention about wheat, is a decades-old case that was kind of the high water mark for commerce clause justifications. We were rationing food during the war. If farmers started selling their products solely in-state to avoid the wartime federal rationing laws, the whole system would have fallen apart.

It's been trimmed back quite a bit since then.

If we are talking about women's rights, then the Supreme Court striking down part of the Violence Against Women Act is much more recent and much more relevant:


https://en.wikipedia.org/wiki/United_States_v._Morrison

United States v. Morrison, 529 U.S. 598 (2000), is a U.S. Supreme Court decision that held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded the powers granted to the US Congress under the Commerce Clause and the Fourteenth Amendment's Equal Protection Clause. Along with United States v. Lopez (1995), it was part of a series of Rehnquist Court cases that limited Congress's powers under the Commerce Clause.

The case arose from a challenge to a provision of the Violence Against Women Act that provided victims of gender-motivated violence the right to sue their attackers in federal court. In a majority opinion joined by four other justices, Chief Justice William Rehnquist held that the Commerce Clause gave Congress only the power to regulate activities that were directly economic in nature, even if there were indirect economic consequences. Rehnquist also held that the Equal Protection Clause did not authorize the law because the clause applies only to acts by states, not to acts by private individuals.

...

The majority concluded that acts of violence that were meant to be remedied by VAWA had only an "attenuated," not a substantial, effect on interstate commerce. The government, however, argued that "a mountain of evidence" indicated that such acts in the aggregate had a substantial effect. For that proposition the government relied on Wickard v. Filburn (1942), which held that Congress could regulate an individual act that lacked a substantial effect on interstate commerce if, when aggregated, such acts had the required relation to interstate commerce. Once again, relying on Lopez, the majority replied that the aggregation principle of Wickard did not apply because economic effects of crimes against women were indirect and so they could not be addressed through the Commerce Clause.

The Court explained that the need to distinguish between economic activities that directly and those that indirectly affect interstate commerce was caused by "the concern that we expressed in Lopez that Congress might use the Commerce Clause to completely obliterate the Constitution's distinction between national and local authority." Referring to Lopez, the Court stated, "Were the Federal Government to take over the regulation of entire areas of traditional State concern, areas having nothing to do with the regulation of commercial activities, the boundaries between the spheres of federal and State authority would blur." The majority further stated that "it is difficult to perceive any limitation on federal power, even in areas such as criminal law enforcement or education where States historically have been sovereign."



So, you don't have to go back to a 1940's wartime food-rationing case when you have a much more recent case where the court (and less conservative than this one) was willing to leave it up to the states what to do about beating up women.

Recommendations

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If you voted for the Green candidate or any of those wack jobs Ocelot II Jun 2022 #1
+1000 MineralMan Jun 2022 #3
the codification is a red herring treestar Jun 2022 #2
" It would just be found unconstitutional by the same court" Effete Snob Jun 2022 #4
Yes. there was a good map the other day treestar Jun 2022 #7
"energy going into these unrealistic approaches" Effete Snob Jun 2022 #8
It would likely be upheld Zeitghost Jun 2022 #11
they'd still uphold the state matter issue though treestar Jun 2022 #12
The ruling returns things to the States Zeitghost Jun 2022 #13
They ignore Federal legislation all the time. edhopper Jun 2022 #14
How could they get it under the Commerce Clause treestar Jun 2022 #16
Declaring it a right Zeitghost Jun 2022 #17
Then how do you explain this Effete Snob Jun 2022 #24
It looks like the court explains it pretty good Zeitghost Jun 2022 #26
Having been beat up is a health condition Effete Snob Jun 2022 #27
Healthcare of anykind Zeitghost Jun 2022 #28
Kavanaugh has already said he would uphold a federal ban Effete Snob Jun 2022 #29
You're correct Zeitghost Jun 2022 #30
It's worth a try Effete Snob Jun 2022 #31
The case you are referring to.... Effete Snob Jun 2022 #25
HuffPost article in this thread details the why... Lars39 Jun 2022 #5
The blame is squarely correct. The Grand Illuminist Jun 2022 #6
To start with edhopper Jun 2022 #15
No no no, that's reality. To get people to not vote for Democrats, it must be relentlessly repeated betsuni Jun 2022 #9
I have heard it here too...I guess some don't remember that Kennedy had a seizure at Demsrule86 Jun 2022 #19
Yes, and no matter how many times it's explained it doesn't make any difference. betsuni Jun 2022 #23
Kick mcar Jun 2022 #10
How did ACA pass without 60 votes in the senate ?!?! Really, can someone answer that question ... uponit7771 Jun 2022 #18
you really don't know? Senator Stephen Lynch a Democratic appointed from Massachusetts Demsrule86 Jun 2022 #20
with 60s seats cause that was my question, if we had 60 seats we had a controlling share of senate uponit7771 Jun 2022 #21
I agree with you MustLoveBeagles Jun 2022 #22
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