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To: Amendment10

Heart of Atlanta Motel Inc. v. United States

https://en.wikipedia.org/wiki/Heart_of_Atlanta_Motel_v._United_States


71 posted on 05/31/2014 6:13:47 PM PDT by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain; All
Thank you for referencing that article marktwain. Please bear in mind that the following critique is directed at the referenced Wikipedia page about Atlanta Motel Inc. v. United States, and not at you.

Beware of any post-FDR era Supreme Court decision which tests the scope of Congress's Commerce Clause powers. This is because when FDR's activist justices decided Wickard v. Filburn in Congress's favor in the early 1940s, they wrongly ignored that previous generations of justices had clarified the following about the scope of Congress's Commerce Clause powers. The states have never delegated to Congress, via the Constitution, the specific power to regulate intrastate commerce.

”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” —Gibbons v. Ogden, 1824.

So the Court's PC decision in Atlanta Motel Inc. v. United States needs to be overturned imo.

76 posted on 05/31/2014 6:47:28 PM PDT by Amendment10
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