– Re: $13 Trillon Challenge
In Reply To
Nope. You didn't win. Great attempt. Below is the response Congress would use to justify regulation of the subject matter you suggest is outside their control. Now, keep in mind, this is Congress using the Wickard v. Filburn line of precedent.
Remember the facts of Filburn: A wheat farmer, growing wheat on his own land, for storage on his own land, for consumption by his family on his land, was deemed interstate commerce because if the "category of activity" was done by lots of people it could affect the demand on wheat on an interstate level.
1. Your personal religious beliefs/Faith (not public acts/expressions, 'cuz that mixes into legal aspects of the First Amendment, etc., sometimes, but just your own personal, private beliefs, in your own home, etc.).
Wickard Analysis: Individual religious beliefs can lead to purchasing of religious paraphernalia such as Bibles, candles, prayer rugs, etc. As a "category of activity" groups of people purchasing or not purchasing such items can effect interstate demand for such items, therefore, its interstate commerce.
2. Whether or not you procreate children, and, if so, how many children you procreate.
Wickard Analysis: This one's easy. The more people there are, the more those people will purchase items, thereby effecting interstate demand. Therefore, you MUST have children all the time; or you can NEVER have ANY children (depending upon which way Congress wants to have it that year).
3. Your personal preferences of music listened to, television and movies watched, books read, etc. (again, like #1 above, only your own personal, private, in-home, etc.).
Wickard Analysis: Again, easy. Your personal preferences, assuming lots of people have the same preferences (category of activity again), can shift demand in the music industry from Nashville (country music) to Hollywood (pop music). This clearly affects interstate commerce.
4. Your political party preferences and beliefs, etc....
Wickard Analysis: If you vote Democrat, taxes will go up (They'll go up if you vote Republican too, but maybe they'll go up a little slower, maybe). Taxes effect interstate commerce. Therefore, your political preferences are within Congresses commerce clause authority.
5. (so far still..) Your domestic traveling preferences/choices.
Wickard Analysis: Obviously if a bunch of people are deciding to travel or not travel from state to state, this IS interstate commerce. Therefore, you must now travel to Omaha at least once a year (because they paid the most to Congressional re-election funds). Next year the law will change to no one can travel outside their state.
Aren't these fun?! Please try again.
Now, you're probably thinking that some of these areas would be protected by other aspects of the Constitution, such as the Bill of Rights. You're right. Unfortunately this has never stopped Congress before. Obamacare, for example, violates at least six of the ten amedments in the Bill of Rights.
And remember, just because Congress hasn't gotten around to regulating the subject matter, doesn't mean that they won't get to it. In fact, they will absolutely, eventually, get around to it.