Page 20 - Interstate Commerce News Today

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Say this is likely to be more than just a local case because hes committed federal crimes and theres likely to be a federal prosecution at the end of it? >> i think its very likely, your previous guests before the break speculated about why the fbi is involved. the fbi is automatically involved under statute, they are allowed to be automatically involved in a kidnapping under the assumption or presumption that the victim or perpetrator traveled interstate commerce. if the victims are released wi...

80000-pound rig could pose? >> actually, it is kind of a misnomer. in 49 states and the district of columbia 18 -- 20 -year-olds can already drive a tractor trailer. the safety administration regulates interstate commerce. and so right now and he went under the age of 21 is not allowed to haul a load thats going across state lines. but they are already doing it in 49 states. so in wisconsin you can drive for 50 miles from lake superior down to racine as long as youre not crossing that state line...

Instrumentality or facility of interstate commerce in furtherance of his crime that makes it federal kidnapping. for example, if hes using the phone to convey a demand at this lady al qaeda be released, that will get you federal kidnapping. even though there is no domestic terrorism statute, because of federal definition of domestic terrorism that would include basically coercing the united states to release lady al qaeda from custody so there are all kinds of ways the federal government can be ...

In a way that interferes with interstate commerce. >> i want to turn back to a line of inquiry you had with senator durbin earlier today when you were talking about your sentencing in these child pornography cases. i want to make sure i understand your answer there. if i understand it, you were making the argument that your concern was that the laws in this area didnt adequately take into account the transfer of these materials by electronic means to be transmitted, received and stored through c...

Doctrine, to discriminate against other states, to preference their own commerce in a way that interferes with interstate commerce. >> i want to turn back for a moment to a line of inquiry you had with senator durbin earlier today when you were talking about your sentencing in these child pornography cases. i want to make sure that i understand your answer there. if i understand it, you were making the argument that your concern was that the laws in this area didnt adequately take into account t...

Interstate commerce, is there much of a limiting principle there? you referred to lopez and morrison and to my knowledge those are the only three cases the supreme court has decided since its ruling which created a case, the modern effects standard. the only three instances as outside the commerce clause authority something that congress had enacted. are these meaningful constraints in your view or congress getting reckless in drafting of things? some have argued that as long as congress doesnt ...

Broad to allow for federal regulation of interstate commerce and the growth of the economy in this country. but over time, the supreme court has made clear that the commerce clause limits the federal government, that there is limited authority under the commerce clause. the state of the law now is such that the federal government, through the commerce clause, is only permitted to regulate channels of interstate commerce instrumentalities of interstate commerce, and activities that substantially ...

By the supreme court to be very broad to allow for federal regulation of interstate commerce and the growth of the economy in this country. but over time the supreme court has made clear that the commerce clause limits the federal government, that there is limited authority under the commerce clause. the state of the law now is such that the federal government, through the commerce clause, is only permitted to regulate channels of interstate commerce, instrumentality of interstate commerce, and ...

Commerce clause authority, and in the nfib case, the aca case, the supreme court made clear that inactivity is also not covered and not authorized under the commerce clause. >> right. and most of the -- most of the items that i identified in my question, in fact, all of them, i believe, would fall into the category of channels and instrumentalities of interstate commerce. were dealing with interstate air waves, waterways, airways, networks, things like that, things that depend, for their existen...