March 26, 2010
No Limits on Federal Power?
We're going to be hearing a lot about the commerce clause, the dormant commerce clause, and preemption thanks to anti-federal health care lawsuits by state attorney generals. If they rely on the standard arguments made in such cases, they (and we) will surely lose.Preemption is a concept of Article VI of the United States Constitution: This Constitution, and the laws of the United States which shall be made in pursuance thereof ... shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. The only condition that needs to be satisfied is that the federal law be shown to have been made pursuant to the Constitution. The reach of the interstate commerce clause is well-known and documented: Basically any activity or product that "affects interstate commerce" can be federally regulated.What affects interstate commerce? Just about everything. In one of the few cases...(Read Full Article)