Tag Archives: Supreme Court of the United States

What Makes America America

I have often thought that makes America unique in the history of the world is not her physical boundaries.  It’s not the vast expanse of land mass bordering two oceans.  It’s not the natural resources.

It’s the people that have cherished the concept of Liberty that have made America what she is.

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The Constitution

The Supreme Court will have heard two of the most contentious cases that have been heard in the Obama administration by the end of this week.  The first, of course, was the case of Obamacare and now the second, the Arizona immigration bill.

I find it fascinating that people are looking at how the court will or should act not based on the legal standing or constitutionality of the laws in question but rather on the policy of the law.

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Wickard v. Filburn

The Supreme Court decision that started it all.

See, a long time ago, in 1942, a small time farmer, Roscoe Filburn, grew wheat for consumption by his animals on his private property.  He was doing nothing more than growing food for his own personal use and had no intention of selling it.

This violated the government limit on wheat production per acre.  Mr. Filburn was ordered to destroy some of his crop and pay a fine.  Being a reasonable man, Mr. Filburn declined.

See, the Federal government at the time felt that one of the ways out of the Great Depression was to raise the price of wheat.  And to do that one had to control the supply; so they imposed a limit per acre.  The case made its way all the way to the Supreme Court where they decided that had Mr. Filburn NOT produced the extra wheat, he would have been forced to purchase it market prices.  Wheat, being subject to a national trade, was therefore granted regulatory viability under the Commerce Clause.

In the office I work at, we call that Un-fuckin’-believable.

And to make matters worse is the back story.

See, the Supreme Court at the time was not a Liberal court, on the contrary, it was Conservative.  However, the President was one of the worst in History; FDR.  See, he threatened the court that if they did not side with his agenda, he would simply appoint additional members to the Supreme Court until he had the majority he needed.  The Court, not wanting their power and influence diminished, gave FDR the decision he wanted.

What amount of tragedy would have been avoided had Wickard v. Filburn been adjudicated according to Liberty and law?  The horrors of dictatorial power in the hands of the gentle Left.