Re:The San Francisco Bay Area shelter-in-place order is bein...
by dehrmann on Tuesday April 28, 2020 @01:14AM
(#23003621)
Dumb question: what did Wickard add to the interpretation of the commerce clause that wasn't already pretty obvious after Houston East & West Texas Railway Co. v. US?
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Re:The San Francisco Bay Area shelter-in-place order is bein...
by throwaway0a5e on Tuesday April 28, 2020 @06:57AM
(#23005726)
Basically the intrastate effect of Houston East & West Texas Railway Co. v. US was said to be constitutional as a byproduct of regulating interstate commerce. Importantly the former is regulating commercial activity whereas Wickard v. Filburn expands the scope of the commerce clause to purely intrastate non-commercial activity that don't affect interstate commerce and would only affect interstate commerce if everyone did it.