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


To: DuckTapeSunroof who wrote (38519)11/13/2009 5:00:33 PM
From: TimF  Read Replies (1) | Respond to of 71588
 
No you miss the point.

The insurance is not sold between states because of statuatory restrictions which congress could eliminate without exceeding its clear constitutional authority.

There doesn't have to be an existing type of interstate commerce in order for congress to be the preeminent regulatory authority. Congress is under the constitution the preeminent regulatory authority for types of commerce that don't happen now because of legal restrictions (like interstate insurance sales) or for any other reason. It could for example pass a law about interstate commerce in extraterrestrial technology, or in unicorn horns and dragon's blood, so "Insurance of this sort is *not* 'sold between the states'" is irrelevant.