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Old July 27, 2009, 05:16 PM   #31
publius42
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Join Date: February 9, 2002
Posts: 1,887
Quote:
Originally Posted by Pilgrim
Great comments Publius42. I had not heard that background about federal subsidies on the wheat case before.
I found out about it by reading the opinion:

Wickard vs Filburn

That case is not going away, and it makes two important points:

1. The power to regulate interstate commerce extends to the regulation of those things that affect interstate commerce, even if they occur entirely within one state. (The Substantial Effects Test.)

2. The fact that one guy with a few acres of wheat really doesn't affect interstate commerce does not matter if there are lots of other people who are similarly situated, and if their combined actions, taken as a whole, could affect interstate commerce. (The Aggregation Principle.)
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