These are the notes from last week’s lecture (Wickard, Walloon)
Facts
rule — interstate commerce includes activity which indiectly effects interstate commerce.and is subject to federal power. (commerce clause)
equity in one case will not itself create unconstitutionality
the right to property is not absolute but is relativized by other rights (fifth amendment)
conclusion – farmer loses. interstate commerce includes grain grown on your own farm for your own consumption because it effects interstate commerce.
Vocabulary
Appellee = Respondent – Appeal – Appellant
Quota
Enjoin – Injunction (an equitable remedy)
Equity
Commerce Clause
Due Process Clause
Venue
Waive
Stipulation
Lien
Holding rule of law in the case binding.
Dicta is not operative, mere opinion. not binding.
Plenary (=full, French: pleine)
Price controls wage and price ceilings and floors
Price fixing
approximation/harmonisation
directive
formalism ~ legalism || interpretivism ~ equity
Vernunftrecht – Natural Law / Law of Reason
Begriffsjurisprudenz – Conceptual Jurisprudence
Interessenjurisprudenz – Legal process interest balancing