> The cite is Wickard v. Filburn 317 U.S. 111 (1942) Here's some quotes: Justice Jackson delivered the opinion of the Court... "It is urged that under the Commerce Clause of the Constitution ... Congress does not possess the power it has in this instance sought to exercise. The question would merit little consideration since our decision in _US v. Darby_, sustaining the federal power to regulate production of goods for commmerce, except for the fact that this Act extends federal regulation to production not intended in any part for commerce but wholly for consumption on the farm." "But if we assume that it is never marketed, it supplies a need of the man who grew it which would otherwise be reflected by purchases in the open market. Home-grown wheat in this sense competes with wheat in commerce. The stimulation of commerce is a use of the regulatory function quite as definitely as prohibitions or restrictions thereon. This record leaves us in no doubt that Congress may properly have considered that wheat consumed on the farm where grown, if wholly outside the scheme of regulation, would have a substantial effect in defeating and obstructing its purpose to stmulate trade therein at increased prices." This is in sad contrast to: "In a country whose constitution is derived from the will of the people, . . . the laws are consequently so formed and administered as to bear with equal weight and favor on all, restraining no man in the pursuits of honest industry, and securing to every one the property which that acquires" (Thomas Jefferson, 1806 State of the Union) "Though the earth, and all inferior creatures, be common to all men, yet every man has a property in his own person: this nobody has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever then he removes out of the state that nature hath provided, and left it in, he hath mixed his labour with, and joined it to something that it is his own, and thereby makes it his property." (John Locke) "No person shall ... be deprived of life, liberty, or property, without due process of law" 5th amendment _Wickard v. Filburn_ has never been overturned. It needs to be exposed more. It essentially repeals the right to property and liberty guaranteed in the 5th amendment, as well as any other right which could possibly affect commerce in any way (hmm that's all of them). ------------------------------------------------------------------- Please read the US Constitution and its Amendments Bryan W. Taylor ------------------------------------------------------------------- --- * Origin: COBRUS - Usenet-to-Fidonet Distribution System (1:2613/335.0)