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naraburns  nihil supernum  1yr ago (text post)   31723 thread views

Culture War Roundup for the week of December 5, 2022

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No, the whole point of that case is that the actions of the farmer in question could be regulated despite him not using an avenue of interstate commerce or interacting in any way with anyone out of state. That is the entire reason that it is a controversial decision.

It was my understanding that the argument was about indirect, ripple effects affecting interstate commerce. Growing your own wheat for personal use means you're not buying it, which reduces total demand, which affects prices, which crosses state lines.

The parallel, I guess, would be a private joke that might be retold and retold in such a way that the meme crosses a state line.

Scary, these lawyerly end-runs around the Constitution. Jack’s Twitter banned the Babylon Bee, curtailing satire under the premise people were retweeting their articles as serious info; the same might happen federally. I can predict the same reasoning used as an attempt to curtail state gun laws so legal guns aren’t available to be brought to Chicago, New York, or Los Angeles.

No, the reason the decision is controversial, is that it violates laws of logic and common sense. If you cannot engage in interstate commerce without using an avenue for interstate commerce, that means he was not engaging in interstate commerce.

Do you not understand that you are agreeing with what I just said?

Ah, so you agree we have a blatant logical contradiction in effect in law?

No, I said that you agreed with what I said: "the whole point of that case is that the actions of the farmer in question could be regulated despite him not using an avenue of interstate commerce or interacting in any way with anyone out of state." I.e., we agree re what the case held. Not re whether it was correct.

Not that that has anything to do with the issue at hand, since, again, the tweeters in question were using a system of interstate communication to engage in fraud re a federal election. Wickard v Filburn is irrelevant.

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