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Culture War Roundup for the week of October 20, 2025

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Yes, but not the commerce clause. That bad faith interpretation has been used the entire time, with the approval of basically every politico and judge, because it was more important for them to be able to unconvincingly claim it didnt change than to fix that, and at this point, "We have walked this path for too long, and everything else has faded away. We have to continue in wicked deeds [...] or we would have to deny ourselves.".

I'm not saying it's not a problem, I'm saying it's a different problem. 1) Congress and POTUS trying to take more power for themselves is an institutional problem, while a third term as POTUS would be more of an institutional problem 2) SCOTUS isn't final because it's infallible, it's infallible because it's final - Wickard was a terrible decision, but following Wickard isn't "bad faith," and few amendments were ratified to nullify a SCOTUS decision (the post-Reconstruction examples are 16th and 26th?)

It is bad faith at least by the SCOTUS judges that continued to follow it. Other politicians share responsibility because they appoint those judges, and disagreeing with Wickard would take you out of the running.

And the amendment Im talking about it is not to reverse it, but to bring the text in line with current practice, for example by saying everything not forbidden is allowed instead of having enumerated powers. I dont think any amendments were made for reasons like that, because as per above, youre "in too deep" very quickly.