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To: tacticalogic

I wasn’t specifically thinking about the Shreveport Rate Case. There are plenty enough instances of the feds lording it over the railroads for me to bypass specific instances. And in Houston E & WT Railroad Co. I think they might have relied on the necessary and proper clause (as in controlling intrastate rates was necessary to prevent the bogey of “predatory pricing “ on the interstate level). Perhaps without Gibbons they never would have dared use necessary and proper in that manner. We’ll never know.


84 posted on 09/01/2012 12:03:51 PM PDT by Tublecane
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To: Tublecane

Shreveport strikes me as reasonable. What they were doing seems to fall into the category of ‘contrivance’. Madison anticipated that.


87 posted on 09/01/2012 12:13:35 PM PDT by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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