Timeline for Is much of what the US federal government does unconstitutional?
Current License: CC BY-SA 4.0
6 events
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Dec 30, 2018 at 22:12 | comment | added | phoog | @DrunkCynic could you elaborate on that? What is "poor" or lacking? Thanks. | |
Dec 30, 2018 at 21:42 | comment | added | ohwilleke♦ | Solid answer. These two powers are indeed the source of authority for many functions that conservative legal scholars question as constitutional. | |
Dec 30, 2018 at 20:39 | comment | added | Drunk Cynic | I've down voted this answer for a poor transcription on how the interstate commerce clause has been evolved since ratification. | |
Nov 29, 2018 at 20:48 | comment | added | phoog | @lazarusL yes, I was thinking of that but didn't have time to look up the name of the case. Thanks for mentioning it. A better response to the question, though, might be a function of the federal government that is similarly not explicit in the constitution, but uncontroversially within the scope of the interstate commerce clause. Perhaps the regulation of commercial driver's lecenses is such an example. | |
Nov 29, 2018 at 17:32 | comment | added | lazarusL | The supreme court ruled that interstate commerce includes a farmer growing wheat to feed animals on his own farm (Wickard v. Filburn). If you're looking for examples of just how "not explicitly laid out in the constitution" the courts are willing to back up the federal government. | |
Nov 29, 2018 at 16:58 | history | answered | phoog | CC BY-SA 4.0 |