December 23, 2006
Michael McConnell and Marshall McLuhan
David Bernsetein, blogging at the Volokh Conspiracy:
Judge Michael McConnell has a rather devastating (though unfailingly polite) review of Justice Stephen Breyer's Active Liberty in the Harvard Law Review. . . . I'm a bit skeptical of McConnell's conclusion that Supreme Court decisions regarding federal regulation of "intrastate commerce" have been accepted by the nation.
Judge Michael McConnell, in the comments section:
David, The reason Raich and Wickard are controversial is that they arguably do not involve "commerce" -- not that Congress lacks the power to regulate what is genuinely commerce (albeit intrastate)
Anderson, commenting immediately afterwards:
Wow, it's like that moment in Annie Hall where Marshall McLuhan steps up in the movie theater.
Here is the Annie Hall reference for those poor souls who haven't seen it. Comments (1)
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