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Rules, the dormant commerce clause. it acknowledges the power of congress the exclusive domain of congress as being regulating interstate commerce. there's no federal cause for the invalidation of a state law under the commerce clause. it's something that's been adopted by the courts. is that an appropriate exercise of the court's judicial power or does that amount to de facto legislation on the part of the courts? well, senator, i wouldn't characterize it. i know that's what the supreme court has permitted, the dormant commerce clause is a principle that supports regulation and authority of t...

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

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 these meaningful constraints in your view or are they examples of congress just getting reckless and s...

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. with respect to the third category the supreme court has made clear in the lopez case and in morri...

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 couldn't no one could regulate them and preserve their core function unless that was federal. with the third item, the