Comment by philwelch
7 hours ago
You’re confusing a few of the issues here. This isn’t an interstate commerce case, it’s a tax power case, which does reflect on the NFA but not on Wickard v Filburn or civil rights. The important aspects of federal civil rights law aren’t legally justified by the commerce clause either.
Though I would gladly see Wickard v Filburn overturned. Commercial regulations already vary by state, and the US would still be more cohesive than the EU is today, but the amount of water that flows through my showerhead doesn’t have to be a concern of the federal government. In fact, we don’t even need Wickard v Filburn to be a more cohesive federation than Canada, which doesn’t even have free trade between provinces.
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