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To: tacticalogic; VaBarrister
"The decision states "by reason of their control of the carriers"."

"by reason of their control of the carriers" was the necessary nexus which allowed the court to rule as it did.

The court was saying that because there was a connection, a relationship, between the interstate and intrastate rates by a carrier, Congress could step in a regulate the overall rates. The predecessor to "substantial effects" if you will (the court used "substantial relation").

115 posted on 12/17/2004 1:35:33 PM PST by robertpaulsen
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To: robertpaulsen
The court was saying that because there was a connection, a relationship, between the interstate and intrastate rates by a carrier, Congress could step in a regulate the overall rates. The predecessor to "substantial effects" if you will (the court used "substantial relation").

Nope. They said:

"by reason of its control over the interstate carrier in all matters having such a close and substantial relation to interstate commerce"

The relationship between intrastate and interstate commerce is irrelevant. The only relevant relationship is between the carriers and interstate commerce - in all matters, intrastate or otherwise.

119 posted on 12/17/2004 1:45:32 PM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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