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To: phoenix0468
"The majority opinion correctly applies our decision in United States v. Lopez, 514 U. S. 549 (1995), and I join it in full. I write separately only to express my view that the very notion of a ‘substantial effects’ test under the Commerce Clause is inconsistent with the original understanding of Congress’ powers and with this Court’s early Commerce Clause cases. By continuing to apply this rootless and malleable standard, however circumscribed, the Court has encouraged the Federal Government to persist in its view that the Commerce Clause has virtually no limits. Until this Court replaces its existing Commerce Clause jurisprudence with a standard more consistent with the original understanding, we will continue to see Congress appropriating state police powers under the guise of regulating commerce."

-Justice Clarence Thomas

Pay attention, or kiss the Republic goodbye.

52 posted on 08/10/2006 6:19:26 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: tacticalogic

Well, in light of this citation I have to agree with you. There may be many circumstances where the states should retain authority in interstate commerce. And policing that commerce. This statement makes very good sense, thank you for presenting it.


53 posted on 08/10/2006 8:05:16 PM PDT by phoenix0468 (http://www.mylocalforum.com -- Go Speak Your Mind.)
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