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1787 was replacing the failed confederacy which governs states with the National Government that could regulate individuals but not states. In the words of this court in the new york case, congress may regulate interstate commerce directly, but it may not regulate states regulation of interstate commerce. Mr. Olson, isnt that what the government does whenever it preempts state laws . It regulates. Olson when the government regulate state laws, the federal government has initially taken that position or action to regulate interstate commerce in some respect and when it does that, this court has repeatedly held it may preempt contradictory or inconsistent state laws. Ferc, the you make of government gave the state a choice. Regulate or dont regulate at all. And it gave the states a choice in conjunction with the regulation of the area no. There were federal standards, the states were told except the more do not if you do not ac ....

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