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To: Lurking Libertarian
I dunno - under the Commerce Clause, that provision should be struck. Nine states holding a company not based there hostage and dictating how software will be sold in the other 41? Puh-leeze!

IMHO, this is what the Commerce Clause was supposed to PREVENT.

5 posted on 06/12/2002 2:35:49 PM PDT by hchutch
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To: hchutch
I dunno - under the Commerce Clause, that provision should be struck

The Commerce Clause doesn't say that interstate commerce shall not be obstructed (although that was the main motive for putting it into the Constitution); it says that "Congress shall have Power... To regulate [interstate] Commerce." It was Congress that explicitly gave the state attorneys general the power to sue for antitrust violations. If Congress chooses to exercise its delegated powers stupidly, I don't see that as unconstitutional, just stupid. And there is no judicial remedy for stupidity.

6 posted on 06/12/2002 2:41:31 PM PDT by Lurking Libertarian
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