CMV: Wickard vs. Filburn was an incorrect decision and overturning it is possible without drastic ill effects.
The decision in Wickard vs. Filburn seems to give Congress unlimited power to regulate all commerce. By stating that growing food on your own land for your own consumption is interstate commerce because it changes food prices in other states, they effectively state that there is no such thing as intrastate commerce. I view this as directly in conflict with the founding document. Nobody would write the word "interstate" if there were any alternative to it. In my view the court clearly ignored the Constitution to enforce laws they liked.
Unfortunately, a lot of law since then has been built on this extremely lenient view of congressional power. For instance, federal drug law is based on this power, as is civil rights legislation.
My current view is that it's possible to cover required developments that have come up in the last seventy years without Congress being in control of all commerce. States make most of the laws regarding drugs anyhow, and I think there's a case to be made that we don't need to invoke power over intrastate commerce to uphold civil rights protections. In this CMV, I'm basically asking for examples of places where congressional control over all commerce is necessary.
I'm a very big constitutionalist and I don't believe that an unconstitutional decision with good effects should ever be made. I know I probably could have chosen any of the New Deal decisions after the infamous court-packing schemes, including the one where the decision called the 10th Amendment "but a truism." I'm very torn about this issue as this unconstitutional case seems to uphold some of the more basic protections we have today. CMV! _____
> *Hello, users of CMV! This is a footnote from your moderators. We'd just like to remind you of a couple of things. Firstly, please remember to* ***[read through our rules](http://www.reddit.com/r/changemyview/wiki/rules)***. *If you see a comment that has broken one, it is more effective to report it than downvote it. Speaking of which,* ***[downvotes don't change views](http://www.reddit.com/r/changemyview/wiki/guidelines#wiki_upvoting.2Fdownvoting)****! If you are thinking about submitting a CMV yourself, please have a look through our* ***[popular topics wiki](http://www.reddit.com/r/changemyview/wiki/populartopics)*** *first. Any questions or concerns? Feel free to* ***[message us](http://www.reddit.com/message/compose?to=/r/changemyview)***. *Happy CMVing!*