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In this episode, we return to the Supreme Court Hall of Shame to discuss Wickard v. Filburn, in which the Court determined that the definition of “interstate commerce” includes actions that are not commercial and take place entirely within one state (who knew!). We also continue our comparison of the French Revolution and the Founding of America with an examination of the first attempt at a constitution for the United States, the Articles of Confederation – its structure, its flaws, and the decision to replace it with our current Constitution.
Plus, we’ll take another look at the hottest of hot takes from the world of online legal commentary and tell you why putting your drugs in an envelope does not necessarily prevent the police from searching you, and why the amendment that abolished slavery is probably not a magic bullet for abortion rights.
Supreme Court Hall of Shame: Wickard v. Filburn (0:04:07)
The Articles of Confederation (0:26:35)
Hot takes (1:09:20)
James Madison on the flaws of the Articles of Confederation: https://press-pubs.uchicago.edu/founders/documents/v1ch5s16.html