Speaking of Wickard v Filburn, I had just forwarded this article to some friends just the other day.srothstein wrote: ↑Wed Dec 07, 2022 5:17 amThis is an interesting problem. Everyone is jumping to either indict or defend Trump. And both sides seem to ignore that we have been suspending or ignoring the Constitution for a long time. Where in the Constitution does it give the government any powers that allow for an "emergency" to be declared and rules imposed? This was considered by the authors and it shows because they specifically mentioned the one right that could be suspended in an emergency and what would constitute the emergency (writ of habeas corpus during an insurrection). So during all of COVID, we have suspended the Constitution.
And that does not include as suspended or ignored how it has been twisted in cases like Wickard v. Filburn? We have not had a constitutional government since at least the depression of the 1930s.
https://fee.org/articles/wickard-v-filb ... ted-power/