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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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To: Lurking Libertarian
I tend to agree with your assessment. Congress delegated some of its regulatory authority to the states and we have all seen the horrific results: tobacco lawsuits, anti-gun lawsuits, Microsoft lawsuit, etc. There was a great article in BusinessWeek recently about that same subject. Get ready for the next generation of lawsuits. While we speak, state AGs are targeting industries that are politically unpopular in their bid for notoriety and to stuff state coffers with filthy lucre.
7 posted on 06/12/2002 3:01:51 PM PDT by Bush2000
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