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Keyword: interstatecommerce

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  • What to replace Obamacare with

    11/17/2014 5:50:24 PM PST · by 2ndDivisionVet · 44 replies
    Don Surber's Blog ^ | November 17, 2014 | Don Surber
    Nothing. The government already has made a mess of it with the Patient Protection and Affordable Care Act of 2010, which fixed a minor problem by turning the health insurance industry upside down. I would call it Rube Goldbergian, but his intention was to mock overly complicated inventions to perform minor chores.Now Philip Klein of the Washington Examiner has an opposite opinion: "Obamacare repeal is more likely, and now GOP needs an alternative." His argument is that the court will smite the Obamacare beast and we must do something immediately, immediately, immediately. Passing a “fix” would require Republicans to pass...
  • “Waters of the United States” — the ultimate power grab

    11/14/2014 1:10:47 AM PST · by EternalVigilance · 20 replies
    Pacific Legal Foundation ^ | November 10, 2014 | Reed Hopper
    The Clean Water Act prohibits certain discharges to “navigable waters” without a federal permit. The Act defines “navigable waters” as “waters of the United States” which the Corps and EPA originally took to mean traditional navigable waters that could be used in interstate commerce. This is important because the Clean Water Act is based on the commerce power. By definition, regulation of waters under the Act must be necessary to and in furtherance of interstate commerce. But it didn’t take long before the agencies started pushing the envelope on federal jurisdiction claiming regulatory authority over wetlands and other nonnavigable waters...
  • Push for online sales taxes picks up steam in Congress

    02/15/2013 3:27:45 PM PST · by CutePuppy · 23 replies
    Chicago Tribune ^ | February 14, 2013 | Reuters
    U.S. states could collect millions of dollars in online sales taxes, with members of both parties in Congress sponsoring legislation Thursday that would resolve states' decades-long struggle to tax businesses beyond their borders. "Small businesses and states alike are suffering from the inability to collect due — not new — taxes from purchases made online," said Rep. Steve Womack, R-Ark., adding the legislation is a "bipartisan, bicameral, common-sense solution that promotes states' rights and levels the playing field for our Main Street businesses." Legislation on the Amazon tax, named for the colossal Internet retailer, has languished for years. ..... <...
  • Labor Unions: A History of Murder and Sabotage

    12/12/2012 5:21:40 PM PST · by VitacoreVision · 20 replies
    The New American ^ | 28 February 2011 | Daniel Sayani
    This article analyzes the history of labor union violence, and how Rep. Capuano's comments are a perfect continuation of this historical truth. Labor Unions: A History of Murder and Sabotage The New American 28 February 2011 The raging union-led protests in Wisconsin have resulted in many Americans taking a closer, more critical look at labor unions and their political clout and influence in shaping policy. With the ubiquitous announcement from AFL-CIO president Richard Trumka that he is granted an audience at the White House “nearly every day,” the American people have become more skeptical of unions and the role...
  • Judge Rules 'Amazon Tax' Unconstitutional

    04/27/2012 4:24:03 AM PDT · by Mechanicos · 28 replies
    Chicago List ^ | April 26, 2012 | Prescott Carlson
    House Bill 3659, colloquially referred to as the "Amazon Tax," was passed in March of last year which broadened the scope of which companies would be required to collect use tax from its customers. ......... Now according to Crain's, Cook County Circuit Judge Robert Lopez Cepero ruled that the state overstepped its bounds with the law, and that it doesn't pass constitutional muster.
  • Back to the Future? (Thomas Sowell)

    03/26/2012 10:30:43 AM PDT · by jazusamo · 46 replies · 46+ views
    Creators Syndicate ^ | March 27, 2012 | Thomas Sowell
    When a 1942 Supreme Court decision that most people never heard of makes the front page of the New York Times in 2012, you know that something unusual is going on. What makes that 1942 case — Wickard v. Filburn — important today is that it stretched the federal government's power so far that the Obama administration is using it as an argument to claim before today's Supreme Court that it has the legal authority to impose ObamaCare mandates on individuals. Roscoe Filburn was an Ohio farmer who grew some wheat to feed his family and some farm animals....
  • Obama: Scotus, Tear Down This Challenge!

    01/07/2012 7:54:54 AM PST · by AtlasStalled · 10 replies
    The brief filed Friday afternoon by Don Verrilli and his cohorts at the Solicitor General’s office arguing that the key provision of the Patient Protection and Affordable Care Act is constitutional. * * * Some highlights of the 79-page brief, based on our very early reading [include]: * * * "The Act’s minimum coverage provision is a particularly well-adapted means of accomplishing Congress’s concededly legitimate ends."
  • Mothers crying over raw milk

    05/17/2011 5:36:05 PM PDT · by Tolerance Sucks Rocks · 113 replies
    The Washington Times ^ | May 16, 2011 | Stephen Dinan
    Four weeks after the government moved to shut down Amish farmer Dan Allgyer for selling fresh, unpasteurized milk across state lines, angry moms who made up much of his customer base rallied on the Capitol’s grounds Monday to demand that Congress rein in the food police. The moms milked a cow just across the street from the Senate and served up gallons of fresh milk, playfully daring one another to drink what, if sold across state lines, would be considered contraband product. “The FDA really screwed up this time. They got between a mom and a farmer,” said Mark McAfee,...
  • Taking Back the Commerce Clause in Virginia [Virginia House Rejects Federal Commerce Power, 65-33]

    01/26/2011 11:55:38 AM PST · by RepublicnotaDemocracy · 104 replies
    Tenth Amendment Center ^ | 01-26-11 | Michael Boldin
    Today, the Virginia House of Delegates overwhelmingly passed House Bill 1438 (HB1438), the Intrastate Commerce Act. The bill, “Provides that all goods produced or manufactured within the Commonwealth, when such goods are held, retained, or maintained in the Commonwealth, shall not be subject to federal law, federal regulation, or the constitutional power of the United States Congress to regulate interstate commerce.” The vote was 65-33. For decades, using a tortured definition of “interstate commerce,” Congress has claimed the authority to regulate, control, ban, or mandate virtually everything – from wheat grown on one’s own land for personal consumption, to weed...
  • Harris enlists state in defense of health care law

    01/21/2011 9:19:12 PM PST · by SmithL · 28 replies
    SFGate: Politics Blog ^ | 1/21/11 | Bob Egelko, Chronicle Staff Writer
    Attorney General Kamala Harris enlisted California in the legal battle over health care Friday, joining eight other states in a court filing defending the new law's requirement that everyone obtain medical insurance. The nine states, all with Democratic attorneys general, filed arguments with a federal appeals court in Cincinnati supporting the constitutionality of the law that's supposed to provide coverage for uninsured Americans. The law includes government subsidies for those who can't afford to buy health coverage and can't get it from their employer. While the Republican-controlled House voted this week to repeal the law, a potentially more serious challenge...
  • FDA Raids Amish Farmer Dan Allgyer

    04/22/2010 2:54:13 PM PDT · by EllenMarie · 248 replies · 4,246+ views
    Kinzers, PA-At 4:30 a.m. on Tuesday April 20, Amish farmer Dan Allgyer went outside to begin milking his small herd of dairy cows. On the normally quiet Kinzer Road in front of his farm, just a few miles from the Nickel Mines Amish massacre of 2006, several unfamiliar vehicles drove slowly past. Two months prior, on February 4, FDA agents had trespassed on Allgyer's farm, claiming to be conducting an "investigation." Allgyer had suspected they would be back at some point, because many other small dairy farms around the country have been similarly treated by the FDA. Following is Dan's...
  • The Interestate Commerce Clause & the Kitchen Sink

    03/23/2010 11:54:44 AM PDT · by jazminerose · 7 replies · 491+ views
    www.joytiz.com ^ | 3/23/10 | Joy Tiz
    Thirteen state attorneys general are challenging the constitutionality of the health crimes bill signed by the president this morning. The states are correctly asserting that the legislation is unconstitutional and should be struck down, ideally in its totality. Liberal pundits have been delivering their talking points, letting us know that they plan to seek cover under the Interstate Commerce Clause of the United States Constitution. Article I, Section 8 specifically empowers the Congress to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. Despite what liberals want you to believe, the Constitution actually gives...
  • The Constitution: There's Nothing It Can't Do!

    12/01/2009 11:56:53 AM PST · by BuckeyeTexan · 24 replies · 1,008+ views
    From Nancy Pelosi's website: MYTH:"Health insurance reform could be unconstitutional…or violate the 10th amendment." FACT: As with Medicare and Medicaid, the federal government has the Constitutional power to reform our health care system. The 10th amendment to the U.S. Constitution states that the powers not delegated to the federal government by the Constitution, nor prohibited by it to the states, are reserved to the states … or to the people. But the Constitution gives Congress broad power to regulate activities that have an effect on interstate commerce. Congress has used this authority to regulate many aspects of American life, from...
  • Asked Where Constitution Authorizes Americans Buy Health Insurance, Pelosi : 'Are You Serious?'

    10/23/2009 5:51:07 AM PDT · by IbJensen · 127 replies · 4,878+ views
    CNS News ^ | 10/23/2009 | Matt Cover
    CNSNews.com) – When CNSNews.com asked House Speaker Nancy Pelosi (D-Calif.) on Thursday where the Constitution authorized Congress to order Americans to buy health insurance--a mandate included in both the House and Senate versions of the health care bill--Pelosi dismissed the question by saying: “Are you serious? Are you serious?” Pelosi's press secretary later responded to written follow-up questions from CNSNews.com by emailing CNSNews.com a press release on the “Constitutionality of Health Insurance Reform,” that argues that Congress derives the authority to mandate that people purchase health insurance from its constitutional power to regulate interstate commerce. The exchange with Speaker Pelosi...
  • H.R. 45 (gun control is here)

    07/26/2009 3:11:02 PM PDT · by DariusBane · 54 replies · 874+ views
    Thomas-Library of Congress ^ | 2009 | 111 Congress
    (1) the manufacture, distribution, and importation of firearms is inherently commercial in nature; (2) firearms regularly move in interstate commerce; (3) to the extent that firearms trafficking is intrastate in nature, it arises out of and is substantially connected with a commercial transaction, which, when viewed in the aggregate, substantially affects interstate commerce; (4) because the intrastate and interstate trafficking of firearms are so commingled, full regulation of interstate commerce requires the incidental regulation of intrastate commerce; (5) gun violence in the United States is associated with the majority of homicides, over half the suicides, and two-thirds of non-fatal violent...
  • eTaxes Galore in North Carolina

    07/02/2009 10:47:38 PM PDT · by nateriver · 320+ views
    Stop eTaxes ^ | Kelly Cobb
    Running out of places to raise taxes, NC proposes tax hikes on Internet transactions that would require out of state retailers to collect taxes on NC consumers. Retailers are fighting back citing a Supreme Court ruling which states it violates the interstate commerce clause of the constitution.
  • Kneecapping FedEx - Democrats carry freight for Teamsters and UPS

    06/09/2009 9:24:53 AM PDT · by La Lydia · 58 replies · 3,552+ views
    Washington Times ^ | June 9, 2009
    FedEx Express is learning what could be the Democrats' economic motto -- "Never Let Success Go Unpunished." Led by Rep. James Oberstar (D-Minnesota), the House on May 21 passed legislation that contains a hidden provision -- a mere 230 words -- that would hobble FedEx Express by completely changing the labor laws under which the company operates. Unless the Senate removes the language from the bill reauthorizing the Federal Aviation Administration, a mere dozen or so workers in just one city could hamstring much of the nation's overnight delivery service. Americans take for granted that things can "absolutely, positively ......
  • Internet Tennessee eTax Stalls

    06/07/2009 4:33:05 PM PDT · by nateriver · 426+ views
    Stop eTaxes ^ | Kelly Cobb
    It has been a bad week for gun owners in Tennessee, but the taxpayers lucked out when a proposal to tax online purchases when the retailer advertised through an instate company, website or blogger, stalled. Check to see if your state is considering an eTax.
  • Montana Poised to Buck Federal Gun Control

    04/07/2009 4:26:56 PM PDT · by neverdem · 108 replies · 5,260+ views
    Flathead Beacon ^ | 04-05-09 | Kahrin Deines
    Associated Press HELENA – Montana-made guns may form the basis for a court showdown over states' rights if the governor signs a bill to release some firearms in the state from federal regulation. The proposed law aims to exempt firearms, weapons components and ammunition made in Montana and kept in Montana from federal gun laws. Since the state has few gun laws of its own, the legislation would allow some gunowners and sellers in the state to skirt registration, licensing requirements and background checks entirely...
  • Guns, Whores, and Interstate Commerce - Double Standard

    03/12/2008 6:29:20 AM PDT · by coloradan · 16 replies · 813+ views
    Vanity | 12 Mar 2008 | Coloradan
    Spitzer is apparently in violation of the Mann act, which prohibits transportation of women across state lines "for an immoral purpose." Apparently the justification of this law comes from the interstate commerce clause. But when it comes to guns, federal laws are enacted to prohibit or require something for guns "which have ever traveled in or affect" interstate commerce, which is essentially all of them. (Unless you mine the iron, make the steel, and then make the gun all in one state, apparently.) Most girls "have ever traveled in or affect" interstate commerce, but this isn't good enough for the...
  • Busting Congress' Interstate Commerce Myth

    08/22/2006 11:24:35 AM PDT · by AZRepublican · 75 replies · 1,196+ views
    The Federalist Blog ^ | August 21, 2006 | P.A Madison
    To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. The federal government for years has claimed expansive powers under the authority to regulate commerce – so much that the most innocent private activity can now come under federal control simply because it might have an influence on “interstate commerce.” But did the States really empower Congress through the US Constitution with such an expansive, seemingly unlimited power under the Commerce Clause? There are two fundamental principles to understand when considering Congress’ power under the Commerce Clause. The first consideration is the fact...
  • Bush Administration Quitely Plans NAFTA Super Highway

    06/25/2006 8:40:04 AM PDT · by o_zarkman44 · 185 replies · 4,529+ views
    Human Events ^ | 6/16/06 | Jerome R. Corsi
    Bush Administration Quietly Plans NAFTA Super Highway By Jerome R. Corsi Human Events 6-14-6 Quietly but systematically, the Bush Administration is advancing the plan to build a huge NAFTA Super Highway, four football-fields-wide, through the heart of the U.S. along Interstate 35, from the Mexican border at Laredo, Tex., to the Canadian border north of Duluth, Minn. Once complete, the new road will allow containers from the Far East to enter the United States through the Mexican port of Lazaro Cardenas, bypassing the Longshoreman's Union in the process. The Mexican trucks, without the involvement of the Teamsters Union, will drive...
  • Supreme Court case could block states' corporate tax giveaways

    02/21/2006 3:07:14 PM PST · by Racehorse · 6 replies · 618+ views
    San Antonio Express-News ^ | 21 February 2006 | Carlos Guerra
    on March 1, lawyers for some of America's biggest corporations — and many of the politicos big corporate money supports — will be glued to arguments in Cuno vs. DaimlerChrysler, a case most people have never heard of. Also watching will be representatives of an unusual left-right, Democrat-Republican coalition that is fighting the enormous tax giveaways given to big businesses to lure them into — or keep them from leaving — specific jurisdictions. "Cuno could be a watershed, tectonic moment in the history of job subsidies and interstate relations," says Greg LeRoy, the founder and executive director of Good Jobs...
  • FR Poll Thread: Does the Interstate Commerce Clause authorize prohibition of drugs and firearms?

    11/03/2005 2:24:08 PM PST · by inquest · 3,021 replies · 16,012+ views
    Free Republic ^ | 11-3-05
    There's a new poll up on the side. Do you think the interstate commerce clause of the Constitution authorizes federal laws against narcotics and firearms? Now lest everyone forget, this isn't asking whether you personally agree with such laws. It's about whether your honest reading of the Constitution can justify them. While you're thinking it over, it might help to reflect on what James Madison had to say about federal power over interstate commerce:Being in the same terms with the power over foreign commerce, the same extent, if taken literally, would belong to it. Yet it is very certain that...
  • Sex Overseas May Fall Under U.S. Jurisdiction

    01/26/2006 10:00:12 AM PST · by Lurking Libertarian · 45 replies · 1,157+ views
    The New York Sun ^ | January 26, 2006 | JOSH GERSTEIN
    SAN FRANCISCO - A federal appeals court panel yesterday upheld the government's authority to punish Americans for patronizing child prostitutes overseas, but one judge dissented from the ruling, warning that the law in question goes beyond Congress's power under the Constitution to regulate foreign commerce. [snip] The new ruling rejected a challenge to a law passed by Congress in 2003, the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Act, or PROTECT Act. The law bans "illicit sexual conduct" overseas regardless of the purpose of the trip. Under earlier statutes, a conviction required showing that an American...
  • Alito Dissenting Opinion U.S. v Rybar (Machine Gun Ownership)

    10/31/2005 8:46:21 AM PST · by antaresequity · 114 replies · 2,474+ views
    Carnegie Mellon ^ | 12.30.96 | Court Finding
    SNIP - ALITO DISSENTING OPINION Maj. Op. at ----. In other words, the majority argues in effect that the private, purely intrastate possession of machine guns has a substantial effect on the interstate machine gun market. This theory, if accepted, would go far toward converting Congress's authority to regulate interstate commerce into "a plenary police power." Lopez, --- U.S. at ----, 115 S.Ct. at 1633. If there is any sort of interstate market for a commodity--and I think that it is safe to assume that there is some sort of interstate market for practically everything--then the purely intrastate possession of...
  • Putting Federalism to Sleep (The wrong way to argue against assisted suicide)

    10/23/2005 3:45:57 PM PDT · by RWR8189 · 518 replies · 2,673+ views
    The Weekly Standard ^ | October 31, 2005 | Nelson Lund
     THE BUSH ADMINISTRATION CLAIMS THE authority to stop Oregon physicians from using prescription drugs to implement that state's unique program of physician-assisted suicide. But the administration's effort to use an ambiguous federal drug statute to undermine Oregon's assisted suicide law is a betrayal of conservative legal principles. Gonzales v. Oregon, argued before the Supreme Court earlier this month, may give an early signal about the commitment of the emerging Roberts Court to those principles. And the Court's decision could have unexpected implications for a range of other issues, including future policies about abortion.Like the administration, I believe that the people...
  • New Michigan law threatens wineries

    06/17/2005 8:02:56 PM PDT · by LibWhacker · 38 replies · 879+ views
    WNDU (South Bend, IN) ^ | 6/17/05 | Kimberly Torres
    Michigan - Some Michigan wineries have their backs against the wall. A new bill that could become law might have an expensive effect on the way business is done, and more importantly, that bill could shut down some wineries. At present, Michigan law states that wineries can directly ship to customers without going through a distributor. That may change soon and for some wineries that is bad news. Michigan’s wine industry has been successful over the last 10 to 20 years, but the new law could have a harmful effect. Tabor Hill Vice President Paul Landeck said, “Last month the...
  • Congress Shall Make No Law

    01/25/2005 3:57:10 PM PST · by jonestown · 212 replies · 2,005+ views
    Congress Shall Make No Law by Matt Giwer        Without going through a myriad of examples of Congress exceeding it delegated authority, let us cut to the quick. In passing laws in areas not delegated to it in the Constitution, it is not, repeat NOT, responding to new social pressures and changes in the world. I grant there have been many changes in the two hundred plus years since it was adopted. But what Congress is doing is not adapting to those changes.       What Congress is doing is exactly the state of affairs the Constitution itself was intended...
  • U.S. Supreme Court Declines Non-Res Cap Review

    01/23/2005 12:09:41 PM PST · by kennyboy509 · 6 replies · 510+ views
    U.S. Supreme Court Declines Non-Res Cap Review As a purveyor of local, state and national information that may have significant bearing on the management of our fish and wildlife resources and public hunting and fishing opportunities, MWF is reprinting this article supplied to the Arizona Wildlife Federation, from the Arizona Game and Fish Department. U.S. Supreme Court on Jan. 10 denied Arizona’s petition to review an appellate court decision regarding the Arizona Game and Fish Department’s 10-percent cap on nonresident hunt-permit tags for bull elk and for deer north of the Colorado River. Arizona’s appeal to the Supreme Court was...
  • Commercial Potential How marijuana and wine can improve our balance

    10/08/2004 10:21:59 PM PDT · by neverdem · 13 replies · 579+ views
    Reason ^ | October 8, 2004 | Jacob Sullum
    Jacob Sullum'sSyndicated Column Commercial Potential (10/8) Drug Connections (10/1) Bullets for Ballots (9/24) Earlier Columns October 8, 2004 Commercial Potential How marijuana and wine can improve our balance Jacob Sullum Two years ago a drug raid in Butte County, California, led to a three-hour standoff. It was not the sort of standoff you usually read about in the papers or see depicted on TV, pitting police against desperate criminals. It was a standoff between local and federal law enforcement officials, with implications that extend far beyond those of the typical drug bust. Deputies from the Butte County Sheriff's Department...
  • Bob Stewarts gets a win in the 9th...

    11/14/2003 5:13:08 AM PST · by BCR #226 · 5 replies · 202+ views
    http://caselaw.lp.findlaw.com/data2/circs/9th/0210318p.pdf The 9th Circuit court has ruled on the Bob Stewart case. I'm not sure how this will effect the 1986 MG ban. Please see the link. It is a PDF file and I was unable to copy the text. Mike
  • New law to boost wine sales

    10/14/2002 1:19:53 PM PDT · by snopercod · 16 replies · 240+ views
    Sacramento Bee ^ | October 14, 2002 | Michael Doyle, Bee Washington Bureau
    <p>The provision would ease some restrictions on interstate shipments.</p> <p>WASHINGTON -- California wineries and their out-of-state fans catch a break in new legislation that would permit more direct shipments to customers.</p> <p>The legislation passed by Congress allows direct shipments to distant customers who buy wine while visiting wineries -- if the customer would have been allowed to carry the wine home personally. President Bush is expected to sign the bill into law soon.</p>