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To: tacticalogic

As for the part about “carriers” such as railroads, you have it backwards. Gibbons was decided in the 1820s when hydrocommerce (if that’s a word) was king. The principle that the feds can meddle with railroads whenever and wherever they want, even on lines that don’t cross borders, came later and was inspired by Gibbons.

By the way, I think Gibbons had a good effect. And it was in line with the intent if the commerce clause, which was to prevent interstate trade wars. Had it been after the 14th amendment and had they struck the state monopoly on steamship passage down on 9th amendment antimonopoly principle I’d be all for it. But they didn’t, and they acted unconstitutionally.


46 posted on 08/31/2012 4:17:51 PM PDT by Tublecane
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To: Tublecane
As for the part about “carriers” such as railroads, you have it backwards. Gibbons was decided in the 1820s when hydrocommerce (if that’s a word) was king. The principle that the feds can meddle with railroads whenever and wherever they want, even on lines that don’t cross borders, came later and was inspired by Gibbons.

Are you talking about Shreveport?

51 posted on 08/31/2012 5:06:07 PM PDT by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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