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Episode 181: The Not So Secret Police

Words & Numbers

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The Supreme Court's Agregation Doctrine for Interstate Commerce

In 1942, a farmer in Ohio was charged with violating federal law by growing more wheat than the bureaucrats had authorized. The Supreme Court said that if all farmers withheld their production from the interstate wheat market, could that be seen as having an effect on interstate commerce? "There's not a single human activity under the sun that, when sufficiently aggregated, would not have plausibly an effect on commerce," Justice Samuel Alito wrote at the time. Today, Congress can do almost anything except basically prohibit you from having a gun within a thousand feet of a school.

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