Conservative lawyers have been arguing for decades that "promote the general welfare" is merely hortatory, and the entire welfare state is unconstitutional.
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They’re awfully selective in their originalist reading.
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One thing I wonder, since ( I think) this is an attack on the scope of the Commerce Clause, what would happen with a court perfectly happy apparently to engage in judicial rule by 5/4, if an active government party had the presidency and solid majorities in Congress. 30s redux?
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Yes it was an attack on the Commerce Power and it depends on which party is in power. Sorry to be cynical but it does.
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I would very sincerely hope that the Federal government does not have such power.pic.twitter.com/w7XaYyk3Ap
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An epidemic is not the sale or transportation of goods, sir!
#formalism - Show replies
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Shaking my head .....
Thanks. Twitter will use this to make your timeline better. UndoUndo
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I'm not a lawyer, but I think if Congress can pass federal laws about something as dangerous as marijuana, its power might stretch to responding to a transmissible disease that actually kills people. And you can't have interstate commerce if people are dying of a plague.
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Commerce clause, equal protection clause, there’s another one I can’t think of . . . They can get it under something if they want it
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