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April 5, 2022
Rules, the dormant commerce clause. it acknowledges the power of congress the exclusive domain of congress as being regulating interstate commerce. theres no federal cause for the invalidation of a state law under the commerce clause. its something thats been adopted by the courts. is that an appropriate exercise of the courts judicial power or does that amount to de facto legislation on the part of the courts? well, senator, i wouldnt characterize it. i know thats what the supreme court has per...
April 5, 2022
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, talking about the sentencing in the 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 m...
April 5, 2022
Instrumentality. the third item, substantial effects, interstate commerce, is there much of a limiting principle there? you referred to lopez and morrison and to my knowledge, there are three cases the supreme court has decided since its ruling in 1937, essentially created the modern substantial effects case, the modern substantial effects standard. the only three instances in which the supreme court identified as outside the commerce clause authority, something that congress had enacted. are th...
April 5, 2022
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 the commerce clause limits the federal government, limited authority under the commerce clause. the state of the law 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 affect interstate commerce...
April 5, 2022
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. in most of the items i identified in my question, in fact, all of them, i believe, would fall under the category of interstate commerce, airwaves, waterways, networks, things like that. things that depend on their operation interstate such that they couldnt no one could regulate them and preserve their core function unless that was federal. with ...
March 11, 2022
If youโre looking forward to more daylight in the evenings, this will be good news. If you enjoy sleeping, not so much.
March 1, 2022
Pacific Coast Highway in Malibu sits on land that was the private domain of one woman 100 years ago.
March 1, 2022
Germany sees the light on energy, SCOTUS hears case against EPA overreach, Senate blocks anti-pro-life law, and more.
March 1, 2022
THE FOUNDATION "If Virtue & Knowledge are diffused among the People, they will never be enslav'd. This will be their great Security." โSamuel Adams (1779) IN TODAY'S DIGEST Ukrainian Valor and American Elitist Hogwash Putin Is Feeling It on Multiple Fronts Are NATO Nations Finally Taking NATO...
March 1, 2022
Germany sees the light on energy, SCOTUS hears case against EPA overreach, Senate blocks anti-pro-life law, and more.