5 ms·
Before the court packing threat, they were limiting the federal government's power to regulate commerce within states. Which is a power it doesn't actually have
by Uhhrrr 3mo ago
Before the court packing threat, they were limiting the federal government's power to regulate commerce within states. Which is a power it doesn't actually have.
- pdonis 3mo agoAnd then they reversed course with Wickard v. Filburn and said it was perfectly OK for Congress to regulate, not just commerce within a single state, but farmers growing their own food on their own land for their own use. So FDR ended up getting what he wanted anyway.
- Uhhrrr 2mo agoYes, they reversed course after the court packing threat.
- jfengel 3mo agoThey have whatever power the Supreme Court decides they have. The Supreme Court decided that was their job, and thus far everyone has accepted it. The Court interprets the Constitution, which is vague enough to mean whatever a bare majority wishes it to mean.
- danny_codes 3mo ago> and thus far everyone has accepted it For now. SC is becoming more partisan, which causes SC's credibility to decline. I assume there's a point where SC loses too much credibility and the existing system of balancing power breaks down.