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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 didn't adequately take into account the transfer of these materials by electronic means to be transmitted, received, and stored through ...

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 doesn't get reckless and sloppy it can do whatever it wants.

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 affect interstate commerce. and with respect to the third category, the supreme court has made clear...

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 affects interstate commerce. the third category the supreme court has made clear in the lopez case a...

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. we're dealing with interstate air waves, waterways, airways, networks, things like that, things that depend, for their existence, for their effectiveness, on their operation interstate and such that they couldn't -- no one co...