Earlier quoted context omitted.
Im certainly sympathetic to #2 being one of the greatest unconstitutional practices of the modern US government, but is its genesis really the civil rights movement? There were many settled cases about interstate commerce before the Civil rights act, like Gibbons v. Ogden. https://www.britannica.com/money/commerce-clause/Interpretat...
You're absolutely right -- it's not really the genesis per se on #2, just one of the modern weapons used. Civil rights act is one of the main weapons used today to explain why we can't wind back interstate commerce clause, creating a sort of legal suicide pact where the interstate commerce clause interpretation is held hostage if you want to keep your civil rights. That is, the CRA was arguably one of the most import…
I'll be honest, I've literally never seen this argument in any hall of power. And I know quite a few folks who believe in overturning Wickard.
The CRA, as currently interpreted, is more than fine on equal-protection grounds.