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Originally Posted by tomder55

that would be big if the courts reversed the Wickard decision. Much of the unconstitutional power grab by the Federal Government has been based on the precedent established in the Wickard case ...in fact ,a reversal of Wickard would topple a mountain of legal precedent. Marijuana advocates should be cheering at the prospect (although Raich v. White addressed that issue ,a reversal of Wickard would remove the rationale for Raich ) .

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An overturning of the Wickard decision? Sounds like a practical application of the law. You don't need to justify this on constitutional grounds. Isn't Scalia indicating as much?

Tom, there aren't federalists under every bed.

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Tom, there aren't federalists under every bed.

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Sad but true . Even in the early days there were loyalists to a constitutional monarchy;and to an American version of the Jacobins .

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An overturning of the Wickard decision? Sounds like a practical application of the law. You don't need to justify this on constitutional grounds. Isn't Scalia indicating as much?

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Although I don't think that SCOTUS has the constitutional authority to make that call; I am forced to comment on the system that we have rather than the system that was supposed to be. The Wickard decision represents one of the worse calls in SCOTUS history giving the national government broad powers over the economy that they have no constitutional authority to have.