Keyword: commerceclause

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  • Elizabeth Warren Discovers She Agrees With Clarence Thomas

    07/08/2018 4:49:46 PM PDT · by edwinland · 16 replies
    New Boston Post ^ | July 4, 2018 | Ira Stoll
    Elizabeth Warren, meet Clarence Thomas. Senator Warren, a Democrat of Massachusetts, was in the headlines recently for joining with Senator Cory Gardner, a Republican who represents Colorado, to introduce the Strengthening the Tenth Amendment Through Entrusting States Act. That legislation would, as Warren put it in a tweet, “let states, territories, & tribes decide for themselves how best to regulate marijuana — without federal interference.” Justice Thomas is Warren’s natural ally on the issue. He wrote an emphatic dissent in the 2005 Supreme Court case Gonzalez v. Raich. Gonzalez was President George W. Bush’s attorney general Alberto Gonzalez, and Angel...
  • Supreme Court ignores obvious solution to Internet sales tax debate in Wayfair ruling

    06/24/2018 12:56:31 PM PDT · by Tolerance Sucks Rocks · 83 replies
    The Washington Examiner ^ | June 21, 2018 | Mattie Dupler
    One question before the Supreme Court this term was a big one: As technology evolves, how do our laws governing commerce evolve with it? The answer, issued in the ruling held in a 5-4 decision on Thursday, is a bad one for taxpayers. Many proponents of an online sales tax have argued that we must completely revisit what we know about interstate commerce, and create illusory tax regimes to contemplate a brave new order of online transactions. In reality, none of this is true. For one, while it has been 26 years since the Supreme Court visited the issue in...
  • Drivers claim Pennsylvania Turnpike toll hikes are 'highway robbery'

    04/02/2018 7:15:39 PM PDT · by Tolerance Sucks Rocks · 44 replies
    The Pittsburgh Tribune-Review ^ | March 30, 2018 | Debra Erdley
    Elizabeth Zemba of Mt. Pleasant, a daily Pennsylvania Turnpike traveler, turned to art and creativity to express frustration with the highway's ever-rising tolls. She created an Internet meme. A photo of a turnpike tollbooth is overlaid with the logo: "Pennsylvania Turnpike re-inventing highway robbery since 2009." For many, annual turnpike toll increases simply have become too much to bear. Two weeks ago, a coalition of truckers and motorists advocates filed a class action suit against the Pennsylvania Turnpike Commission, PennDOT and Gov. Tom Wolf, seeking to recoup "excessive fees" that went to underwrite projects other than the operation of the...
  • The Constitution Does What it Was Written To Do — Expand Government Power

    01/09/2018 2:49:30 PM PST · by Mafe · 61 replies
    Mises Institute ^ | January 9, 2018 | Eric Peters
    A great many people – especially conservatives – reverence the Constitution, consider that it has been abused and that if only the doctrines expressed within were revived and respected, all would be well with America again. This, of course, is a kind of children’s bedtime story – and approximates reality to about the same degree as the story of the Three Little Pigs. The Constitution was peddled and imposed on us by men like Alexander Hamilton, a grasper after power who very openly loathed the ideas expressed by men like Jefferson in his Declaration (and even more so in his...
  • 13 states launch new legal challenge to California egg law

    12/04/2017 4:42:48 PM PST · by Mariner · 67 replies
    AP via KCRA (Sacramento) ^ | December 4th, 2017 | Unattributed
    JEFFERSON CITY, Mo. (AP) — More than a dozen states banded together Monday to ask the U.S. Supreme Court to block a California law requiring any eggs sold there to come from hens that have space to stretch out in their cages. In a lawsuit filed directly to the high court, the states allege that California's law has cost consumers nationwide up to $350 million annually because of higher egg prices since it took effect in 2015. The lawsuit argues that California's requirements violate the U.S. Constitution's interstate commerce clause and are pre-empted by federal law. A federal appeals court...
  • When did the progressives realize they needed to specifically target the commerce clause?

    Social reform requires big government. Big government requires an obedient court, which fosters a "living constitution". In "Social reform and the Constitution", progressive reformer Frank Johnson Goodnow wrote the following regarding the courts: (page 31) The result is that the constitutional law of the country is not, either necessarily or actually, uniform. For a state court may declare unconstitutional from the point of view of the federal constitution an act of a state legislature which would have been regarded as constitutional by the United States Supreme Court. If, therefore, the state courts are more conservative than the Supreme Court, and...
  • A pro-life look at Trump’s SCOTUS frontrunner, Neil Gorsuch

    01/31/2017 6:07:00 PM PST · by jonno · 6 replies
    ... First, SCOTUSblog’s profile on Gorsuch highlights cases in which his “opinions also reveal a measure of distrust towards unwritten constitutional provisions like the dormant commerce clause”—a useful clue: Gorsuch’s opinion shows respect for the doctrine’s “[d]etractors,” like Scalia, who “find dormant commerce doctrine absent from the Constitution’s text and incompatible with its structure.” Though Gorsuch’s personal constitution seems to require him to write clearly about the many unclear aspects of the doctrine, his opinion plainly takes some joy in the act of demonstrating that not only does the dormant commerce clause not apply — the doctrine also doesn’t make...
  • Constitutional Use of Toll Revenue the Subject of Recent Federal Court Decision

    09/10/2016 8:01:28 PM PDT · by Tolerance Sucks Rocks · 20 replies
    Lexology ^ | September 8, 2016 | Nossaman LLP - Fredric W. Kessler and Shant Boyajian
    Public agencies with toll-setting authority should take note of a recent federal court decision relating to the uses of user fees and toll revenue, as well as the stated goals of the plaintiff in that case.The U.S. District Court for the Southern District of New York recently clarified the constitutional uses of toll revenue in American Trucking Associations v. New York State Thruway Authority, 13 Civ. 8123 (CM) (S.D.N.Y. Aug. 10, 2016). In this case, commercial trucking companies and the American Trucking Associations (ATA) claimed that the New York State Thruway Authority violated the Constitution by charging inflated toll rates...
  • Maryland has been illegally double-taxing residents who pay income tax to other states

    05/18/2015 9:29:06 AM PDT · by Brad from Tennessee · 24 replies
    Washington Post ^ | May 18, 2015 | By Bill Turque
    A divided Supreme Court said Monday that Maryland’s income tax law is unconstitutional because it does not provide a full tax credit to residents for income tax paid outside the state, a ruling likely to cost Maryland counties and localities across the country millions of dollars in revenue. The court voted 5-4 to affirm a 2013 Maryland Court of Appeals decision that the state’s practice of withholding a credit on the county segment of the state income tax violated the Commerce Clause because it might discourage individuals from doing business across state lines. In most states, income from elsewhere is...
  • Federal Interstate Handgun Sales Ban Ruled Unconstitutional [is this hugh or what?]

    02/11/2015 10:59:05 AM PST · by NewJerseyJoe · 77 replies
    Firearms Policy Coalition ^ | 2/11/15 | CCRKBA / Alan Gura
    In another excellent victory for civil rights by attorney Alan Gura, United States District Court Judge Reed O’Connor struck down the federal interstate handgun sales ban earlier today, finding it unconstitutional (both facially and as-applied) under the Second Amendment and the Fifth Amendment’s Due Process Clause.
  • District court strikes down endangered species protections for exceeding the scope of federal power

    11/06/2014 11:00:57 AM PST · by right-wing agnostic · 8 replies
    The Volokh Conspiracy ^ | November 5, 2014 | Jonathan H. Adler
    This afternoon a district court in Utah held that the federal prohibition against “taking” Utah prairie dogs — listed as “threatened” under the Endangered Species Act — exceeds the scope of federal power under the Commerce and Necessary and Proper clauses. Here is how Judge Dee Benson summarized his conclusion in People for the Ethical Treatment of Property Owners v. U.S. Fish & Wildlife Service: Although the Commerce Clause authorizes Congress to do many things, it does not authorize Congress to regulate takes of a purely intrastate species that has no substantial effect on interstate commerce. Congress similarly lacks authority...
  • Sen. Graham to Introduce 20-Week Abortion Ban Bill

    11/02/2013 9:41:02 PM PDT · by Olog-hai · 47 replies
    Newsmax ^ | Saturday, 02 Nov 2013 12:07 PM | Sandy Fitzgerald
    Senate Republicans, led by South Carolina Sen. Lindsey Graham, are pushing for a federal ban on abortions after the end of the 20th week of pregnancy. … The planned legislation, though, will face many challenges, not only from the Democratic-controlled Senate, but from some Republicans like Sen. Mike Lee, Utah, who has concerns about Congress’ authority to regulate commerce as the law’s basis. …
  • Sen. Mike Lee: Why John Roberts Was Wrong About Healthcare

    08/02/2013 3:16:24 PM PDT · by Jim Robinson · 45 replies
    cnsnews [video at source] ^ | Aug 2, 2013 | By Terence P. Jeffrey
    CNSNews.com) - Chief Justice John Roberts’ 2012 opinion declaring the Obamacare law constitutional was self-contradictory, intellectually indefensible and just plain wrong. Thus argues Sen. Mike Lee (R.-Utah) in a new e-book, Why John Roberts Was Wrong About Healthcare: A Conservative Critique of the Supreme Court’s Obamacare Ruling. Lee appeared on Online With Terry Jeffrey to discuss the book, what he sees as the potential long-term ramifications of Roberts’ decision, and what he believes Congress should do to counter it. Terry Jeffrey: Sen. Mike Lee of Utah was elected to the Senate in 2010. He graduated from Brigham Young University and...
  • 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. ..... <...
  • Vanity: Help me Battle the Statism in Academia

    01/08/2013 7:00:10 PM PST · by Crapgame · 17 replies
    Freepers here is an opportunity to influence young minds in college. I am an adjunct professor of humanities. Later this month I will begin teaching two courses on the American Experience and Constitutional Change. Every semester I give a term paper assignment based on Wickard v. Filburn and the governmental abuse of the Commerce Clause. I am always gratified by the comments of the students afterwards who tell me they never had any idea of the vast power employed by the government in our daily lives. Well I will still use that case this semester because it is so insructive...
  • Hemingway Cat Descendants Are Regulated by Federal Law, Appeals Court Says

    12/14/2012 12:19:15 PM PST · by Mr. Know It All · 15 replies
    ABA Journal ^ | 12/11/2012 | Debra Cassens Weiss
    Descendants of Ernest Hemingway’s six-toed cat Snowball that live at his museum home are subject to federal regulation because they substantially affect interstate commerce, a federal appeals court has ruled. The cats roam the late author’s former Key West home at 907 Whitehead Street, now a museum that hosts daily tours and weddings, report the Christian Science Monitor and National Public Radio. On Friday, the Atlanta-based 11th U.S. Circuit Court of Appeals ruled (PDF) that the U.S. Department of Agriculture has the authority to regulate the felines.
  • VANITY: 70 Years Ago Today Freedom Wept

    11/09/2012 8:44:18 AM PST · by pepsi_junkie · 11 replies
    Freerepublic.com | 11/9/2012 | pepsi_junkie
    Today, November 9, is a pivotal date in American history. It was 70 years ago today where America began a slow but relentless transformation from a free society where the people are sovereign to one where we are tokens of the government. In 1941 Roscoe Filburn harvested wheat he had planted on his own land and he sold a portion but he kept the rest for his own use. This was a problem, because the government had passed a law in 1938 that said you could only grow so much wheat; it planned to prop up prices by limiting supply....
  • Experts: Courts Likely to Uphold New York Soda Ban

    09/16/2012 6:37:15 PM PDT · by Tolerance Sucks Rocks · 55 replies
    US News and World Report ^ | September 14, 2012 | Jason Koebler
    Legal challenges to New York City's ban on sodas larger than 16 ounces are unlikely to be successful, and the ban could spark similar moves in other cities around the country, according to experts. Thursday, after the city's board of health formally prohibited restaurants from selling sodas larger than 16 ounces after March 12, 2013, organizations around New York City said they would consider suing the city to get the ban overturned. Laura Palantone, a spokesperson for New York City Beverage Choices, a group against the ban, says the organization will "carefully review the regulation and explore our options now...
  • Paul Ryan Says Feds Shouldn’t Interfere With Legalized Medical Pot

    09/07/2012 6:59:04 PM PDT · by Ken H · 155 replies
    KCBS ^ | September 7, 2012
    COLORADO SPRINGS, Colo. (CBS/AP) – Republican vice presidential candidate Paul Ryan tells a Colorado television station that the federal government shouldn’t interfere with states that have legalized medical marijuana. Ryan told KRDO-TV in Colorado Springs that he personally doesn’t approve of medical marijuana laws. But he said that states should have the right to choose whether to legalize the drug for medical purposes.
  • Plastic regulations: Statewide regulations needed as Santa Cruz ban adds to confusion

    07/14/2012 6:06:14 AM PDT · by Oldeconomybuyer · 28 replies
    Santa Cruz Sentinel ^ | July 12, 2012 | Editorial
    The city of Santa Cruz, usually at the forefront of environmental causes, became the latest, but probably not the last, local government to ban single-use plastic bags, with the 6-0 vote by the City Council Tuesday night. Santa Cruz banned foam products as well. Santa Cruz's new law on foam products, for instance, will outlaw foam coolers, toys, shipping containers and packing peanuts. The city of Capitola also bans foam ice chests and coolers, and the county bans foam food containers. The 48 and counting plastic bag and foam bans of some type in California offer a patchwork of regulations,...