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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: nihil who wrote (18408)5/8/2000 6:20:00 AM
From: Neocon  Respond to of 769670
 
The Supreme Court had to find a rationale for allowing the federal government to extend its reach. I believe you are correct, that the key phrase became that an action "burden commerce". How that bears on what I said is not clear to me, however. It is still necessary to show a tenuous connection to interstate commerce for federal regulation, which generally means that at some point in the process, there will result an item that is transportable across state lines. This is the sort of thing I have in mind:

britannica.com



To: nihil who wrote (18408)5/8/2000 6:43:00 AM
From: Neocon  Respond to of 769670
 
I missed the window, so I will finish here-----This is the sort of thing I have in mind:

britannica.com

While it is also generally held that the states may almost exclusively regulate intrastate commerce, the fact is that Congress does have the power to so regulate in certain situations. For example, in the case of U.S. v. Darby Lumber (1941), although only some of the goods manufactured by Darby were to be shipped through interstate commerce, the Supreme Court held that the Fair Labor Standards Act could be applied to the intrastate production of those goods, because that production was part of the mainstream of the activity that would inevitably affect the interstate status of the goods.

The main exception to my general observation is in the doctrine of public accommodations promulgated during the Civil Rights Era.......