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Reply #25: I do not believe that is accurate, as a matter of Constitutional law. [View All]

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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-04-11 02:37 PM
Response to Reply #20
25. I do not believe that is accurate, as a matter of Constitutional law.
Edited on Sun Dec-04-11 02:56 PM by No Elephants
Under the commerce clause, the SCOTUS has upheld regulation of veggies a family grew in its own garden for consumption by them and them alone.

ETA: I'll specify, though it should go without saying, that I am basing my statement about Constitutional law on a case that has been decided by the SCOTUS and not yet overruled. I cannot say whether this Court or a subsequent Court would overrule or distinguish that case, if asked so to do.

And yes, I realize that growing veggies is not a Constitutionally protected right, but I believe the reach of the feds under the commerce clause is not limited simply because a constitutional right is somehow involved (or possibly involved) in the case. I believe there are two separate issues, namely where the feds may butt in (commerce clause) and then what they may do once they get there (second amendment). Conflating the two doesn't cut it.
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