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To: Mariner

The key is whether it is preempted by federal statutory law. Clearly the feds have the power to regulate the egg trade under the interstate commerce clause. If they want to prohibit CA from doing this they can. But the question is whether they have already done so. I don’t think the CA law by itself violates the commerce clause. It doesn’t have anything to do with which state the eggs originate in.


5 posted on 12/04/2017 4:55:02 PM PST by Brilliant
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To: Brilliant
" Clearly the feds have the power to regulate the egg trade under the interstate commerce clause. ... I don’t think the CA law by itself violates the commerce clause."

Clearly?

Commerce Clause abuse

http://www.jewishworldreview.com/cols/williams110503.asp

Walter Williams

Several weeks ago, under the title "Is It Permissible?" I discussed how Congress systematically abuses the Constitution's "welfare clause" to control our lives in ways that would have been an abomination to the Framers. Quite a few readers pointed to my omission of Congress' companion tool to circumvent both the letter and spirit of the Constitution, namely the "Commerce Clause." The Constitution's Article I, Section 8, paragraph 3 gives Congress authority "To regulate Commerce with Foreign Nations, and among the several States, and with the Indian Tribes." During the war, the 13 colonies formed a union under the Articles of Confederation (1778) whereby "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled." The Treaty of Paris (1783) that ended the war between the colonies and Great Britain recognized 13 sovereign nations. A key failing of the Articles of Confederation was the propensity of states to erect protectionist trade barriers. When the Framers met in Philadelphia in 1787 and wrote the constitution that governs us today, they addressed that failure through the commerce and the privileges and immunities clauses that created a national free-trade zone. Thus, the original purpose of the Commerce Clause was primarily a means to eliminate trade barriers among the states. They didn't intend for the Commerce Clause to govern so much of our lives.

36 posted on 12/04/2017 6:02:10 PM PST by SKI NOW
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California needs to pass legislation allowing anyone to raise chickens for personal egg production.


45 posted on 12/04/2017 6:44:09 PM PST by Clutch Martin (Hot sauce aside, every culture has its pancakes, just as every culture has its noodle.)
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