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Comment Re:Power Grab (Score 1) 417

I don't think we are all that far apart on this. I too am distressed by how the commerce clause has been used and abused to regulate virtually anything a congressperson with a bug up their but may desire. I'm with Justice Thomas on the matter - in California's first medical marijuana case, he was the lone dissenter who pointed out that if the commerce clause was being applied to commerce entirely within one State, it could be used to give the Federal government the power to regulate anything.

I do want to make a slightly pedantic point and say that it wasn't intended to make interstate commerce open and unrestricted, rather to ensure only one body could regulate such trade. Including the creation of restrictions.

However, a State saying who can or cannot form an ISP sounds to me like an attempt to regulate interstate commerce. Still, it's a very complex issue when a municipality does it, as you could argue that creating an ISP is akin to a municipality creating it's own post office. I'd have to leave it to the Court to figure it all out.

Comment Re:Power Grab (Score 1) 417

Wow! Which state is it that has no 'products or services' from other states moving over its wires?

If that were the relevant criterion, there would effectively be no limits no the power of the federal government at all and we didn't need a Constitution or any enumerated powers. Obviously, that is not what the commerce clause means.

How exactly are you making that leap? That the federal government has the sole authority to regulate interstate commerce doesn't mean it can ignore the rest of the Constitution.

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