“Those who have sown the wind shall reap the whirlwind.”
— Hosea 8:7
The federal antipathy to compliance with the Constitution is well known and well documented. Presidents have declared war in contravention of the constitutional command that only Congress may do so. Congress itself has enacted legislation in areas that the drafters of the Constitution reserved to the states — and it has done so using some of the more absurd linguistic contortions thinkable.
In one infamous case where the feds sought to regulate the amount of wheat a farmer grew — all of which his wife ground into flour from which she made baked goods that were all consumed by their family — the feds claimed that his wheat field constituted interstate commerce because by eating his own product instead of selling, he and others similarly situated commercially increased the demand for wheat, and the water that this Ohio farmer used emanated in Pennsylvania and thus the wheat was part of a continuous interstate movement and so was congressionally regulable. The late Justice Antonin Scalia called these arguments, which the court accepted, “hogwash.”
There are many of these. As deep into our pocketbooks as is the Federal Reserve, which is the economically disastrous and liberty-crushing central planner of the U.S. economy, and as invasive of personal freedom as is the Patriot Act, which permits one FBI agent to authorize another to search for private data in the custody of a third party, the Supreme Court has never ruled on the constitutionality of either.
Now, one of these chickens is coming home to roost. Here is the backstory.