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Originally Posted by moosenose
I'd suggest that I probably know more about the origins and early implementation of the 14th Amendment than you do. At first, it worked. Later, it was effectively neutered in an effort to appease Southern Whites. A choice had to be made....return minorities to serf-like status, or fight a long-term guerrilla war between the Freedman's Bureau et al and the Klan.
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Well you certainly haven't exhibited your vastly superior legal knowledge here, so I'm left to suggest that your condescension is woefully misplaced. There was no "choice" made by any minority to live under Jim Crow for two generations waiting for FDR to appoint a supreme court willing to end it. I'm not sure if I'd call it guerilla, but certainly legal and extralegal warfare against minorities does exist in America.
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Jim Crow would have ended at the approximately the same time regardless of which part of the Constitution it was done under. Why? Because the will to change it was there. And if you truly understood the impact of Wickard, you'd understand that churches, country clubs, and private schools ALL would have fallen under the ICC in a pre-Lopez environment.
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No, you're wrong. Wickard was never applicable to the above. You talk about the civil rights movement as if America just woke up one morning completely colorblind and free of bigotry. As if it wasn't a continuous struggle fought through a series of legal and violent confrontations. Today the targets are more likely to be Mexican or Middle Eastern, but it's the same struggle. Jim Crow would exist to this day in some states if not for the rulings of the court appointed by FDR. I am sure of that.
But I really have no interest in further debating a Jim Crow apologist whose only sources seem to be NRA pamphlets. If a black truck driver from Baltimore needs to spend the night in a Alabama motel while he's on a delivery run it does fall under the specter of interstate commerce and should be regulated by the government. You don't agree with that, so we have a basic difference in values. Good day.