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Politics : American Presidential Politics and foreign affairs -- Ignore unavailable to you. Want to Upgrade?


To: DuckTapeSunroof who wrote (38451)11/11/2009 7:19:07 PM
From: TimF  Read Replies (1) | Respond to of 71588
 
It wouldn't be expanding the commerce clause, not only do current judicial interpretations of the commerce clause allow such action by the feds, even the plain words of the clause itself would seem to allow it.

In fact you could significantly shrink the interpretation of the commerce clause (getting rid of all the "sure its a sale of a product made in state, sold by a person in state, to another person in state, but it "effects" interstate commerce" garbage, that makes the commerce clause seem almost a "congress can do whatever it wants to do" clause), and still the feds would properly have final authority on actual interstate commerce (say a FL company selling an insurance policy to a NY resident).