Texas leading the way

9x19

New member
Unless the material is dug out of the ground and smelted, forged and machined, in the same state, the FedGov (and the courts) still believe the interstate commerce clause applies.
 

JohnKSa

Administrator
Even if it is exclusively sourced/manufactured all within one state it will almost certainly be considered to be within federal jurisdiction.

Wickard v Filburn indicates that even if the item/material is exclusively sourced from inside only one state it still can affect interstate commerce by changing overall supply.

In that case, Filburn was growing wheat to use as animal feed. He was growing it all in one state, it wasn't ever even being sold. He was using it all himself.

SCOTUS found that because the grain he grew affected overall supply, it still affected interstate supply and therefore it could still be regulated federally.
 

raimius

New member
Wickard is a terrible precedent, but there is such a house of cards built on top of it, I don't think SCOTUS will touch it.
 

JohnKSa

Administrator
Agree and agree. I don't like it, but I can't see how they can reverse it without really opening a huge can of worms (from the federal perspective.)
 
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