wickard

Mcculloch applied a rational basis test to the necessary and proper clause, and wickard, mcclung, and raich made commerce power virtually unlimited unless the regulation is directed towards non-economic activity.

Matthew Yglesias » Constitutional Objections to Health Reform 2010

But creating a national regulated commercial market for health insurance is clearly economic in nature. and if you think wickard is good law, id like to be in the room when you cite that to the court. you know korematsu has never been overturned either. hell, lochner had a pretty good run to.

Matthew Yglesias » Constitutional Objections to Health Reform 2010

March 23rd, 2010 at 1: 18 pm the most expansive intepretations of the commerce clause always occured during the great depression (wickard). pointing to the high water mark of government power over private and decidely non-commercial decisions would be like pointing to the high water mark of government power to throw “the enemy” into internment camps during a time of war (Korematsu from WWII).

Matthew Yglesias » Constitutional Objections to Health Reform 2010

Not to mention the sex at issue in Lawrence, which is probably commercial under wickard?

The Volokh Conspiracy » Obscenity Conviction for Adult-to-Adult Noncommercial E-mail About (Fantasy) Sex With Children: 2009

Mcculloch applied a rational basis test to the necessary and proper clause, and wickard, mcclung, and raich made commerce power virtually unlimited unless the regulation is directed towards non-economic activity. what qualifies as “non-economic activity” if not the sitting on your couch and not spending money? and if you think wickard is good law, id like to be in the room when you cite that to the court. you know korematsu has never been overturned either. hell, lochner had a pretty good run to.

Matthew Yglesias » Constitutional Objections to Health Reform 2010