Im certainly sympathetic to #2 being one of the greatest unconstitutional practices of the modern US government, but is its genesis really the civil rights movement? There were many settled cases about interstate commerce before the Civil rights act, like Gibbons v. Ogden.
You're absolutely right -- it's not really the genesis per se on #2, just one of the modern weapons used. Civil rights act is one of the main weapons used today to explain why we can't wind back interstate commerce clause, creating a sort of legal suicide pact where the interstate commerce clause interpretation is held hostage if you want to keep your civil rights. That is, the CRA was arguably one of the most important things for double sealing the deal on progressive era expansion of the ICC.
Many times here on HN I have debated people who were well versed on constitutional law, and when I mention rolling back the interstate commerce clause one of their main go to is that they're afraid I will destroyed the CRA and that's why they can't do it. And they're right -- a nearly identical on many points CRA happened in 1875 as the one passed in 1964. The 14th and 15th amendment existed at both times, and the relevant points of the constitution stayed the same. Yet the latter was found constitution and the former was not, in large part due to the change in the meaning of the interstate commerce clause.
> when I mention rolling back the interstate commerce clause one of their main go to is that they're afraid I will destroyed the CRA and that's why they can't do it
I'll be honest, I've literally never seen this argument in any hall of power. And I know quite a few folks who believe in overturning Wickard.
The CRA, as currently interpreted, is more than fine on equal-protection grounds.
mothballed|8 days ago
Many times here on HN I have debated people who were well versed on constitutional law, and when I mention rolling back the interstate commerce clause one of their main go to is that they're afraid I will destroyed the CRA and that's why they can't do it. And they're right -- a nearly identical on many points CRA happened in 1875 as the one passed in 1964. The 14th and 15th amendment existed at both times, and the relevant points of the constitution stayed the same. Yet the latter was found constitution and the former was not, in large part due to the change in the meaning of the interstate commerce clause.
JumpCrisscross|8 days ago
I'll be honest, I've literally never seen this argument in any hall of power. And I know quite a few folks who believe in overturning Wickard.
The CRA, as currently interpreted, is more than fine on equal-protection grounds.