korematsu

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But creating a national regulated commercial market for health insurance is clearly economic in nature. and if you think wickard is good law, id like to be in the room when you cite that to the court. you know korematsu has never been overturned either. hell, lochner had a pretty good run to.

Matthew Yglesias » Constitutional Objections to Health Reform 2010
AAUW: a discussion of korematsu, one of the most ignominious decisions in US history

Confirmation Hearings Day Two « AAUW Dialog 2009
Mcculloch applied a rational basis test to the necessary and proper clause, and wickard, mcclung, and raich made commerce power virtually unlimited unless the regulation is directed towards non-economic activity. what qualifies as “non-economic activity” if not the sitting on your couch and not spending money? and if you think wickard is good law, id like to be in the room when you cite that to the court. you know korematsu has never been overturned either. hell, lochner had a pretty good run to.

Matthew Yglesias » Constitutional Objections to Health Reform 2010