Senator Schumer is a very smart guy, but he didn’t show it today. His repeated statements that Wickard v. Filburn — the infamous New Deal-era case in which the Commerce Clause was held to authorize federal regulation of the growing of wheat for consumption on the farm on which it was grown — was a foundational and fundamental case of constitutional law, on a par with Griswold or Brown. This is just silly. Wickard is now — and has long been seen — as a fringe decision, far from the core of the federal commerce power. It is also not the case (contrary to Sen. Schumer’s claims) that established Congress’ authority to regulate intrastate economic activity. My first year ConLaw students get this, but somehow Senator Schumer does not.