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Old October 11, 2013, 11:18 AM   #38
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,298
Originally Posted by 44 AMP
The possession of something in a State by any person in that State for that person's own use is not "commerce" and has only an incidental effect on interstate commerce.
unless you are growing wheat....
Except that Wickard dealt with the scope under the Commerce Clause of federal law -- not whether a potential incident affect on commerce of a state law encroached on Congressional authority.

The fact that the Commerce Clause has been interpreted broadly enough to permit federal regulation of certain matters does not mean that a State may not also regulate those matters within its borders.
Formerly known as fiddletown
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