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View Diary: I Just Paid for Dick Cheney’s New Heart, Now Who Will Pay for My Daughter’s? (107 comments)

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  •  The commerce clause (2+ / 0-)
    Recommended by:
    nyceve, NM Ward Chair

    Argument is very strong.

    Large portion of economy
    affects relationshiips within and between states
    Market regulation is clearly supported by "necessary and proper" clause."

    I don't think that even the current SCOTUS would dare that kind of overreach to overturn the entire act.

    But I could be wrong.....(I am still handicapping this at 6-3 uphold)

    •  Article I (0+ / 0-)
      Section 8.
      The Congress shall have the power...
      To regulate commerce with foreign nations, and among the several states, and with the Indian tribes:
      ...
      Section 9.
      The migration or importation of such persons as any of the states now existing think proper to admit, shall not be prohibited by the Congress prior to the year 1808...
      The founding fathers thought Section 8 gave Congress the power to block slave importation and blocked Congress from outlawing slave importation until 1808.

      However, the founding fathers didn't think Congress had the power to block the use of slaves within any state or the founding fathers would have explicitly prevented the outlawing of slavery until long after 1808.

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