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Old June 26, 2013, 12:13 PM   #8
Tom Servo
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Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 13,057
Quote:
Meaning the Fed's may control interstate trade on them, but not who can own what where.
That's well and good, except for the fact that nearly any good could be construed to affect interstate commerce by our current interpretation (see Gonzales v. Raich and Wickard).

Scalia's dissent opens with this:

Quote:
And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation. The Court’s errors on both points spring forth from the same diseased root: an exalted conception of the role of this institution in America.
He focuses quite a bit on whether or not the Court itself has exaggerated the authority implied by Marbury.
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