Comment Re:Champagne bottles popping at Groklaw (Score 1) 73
Given modern interpretations of the commerce clause, it's doubtful that the "intellectual property clause" that you quote in any way limits Congress' ability to legislate in this area. Congress can pass IP laws under their commerce clause power without having to worry about the limiting language in the IP clause.
For example, it's not at all clear what the constitutional authority for the DMCA is, but the legislative history shows that one draft cited the IP clause as the constitutional authority, and another cited the commerce clause. The final version didn't state what the authority was.
For example, it's not at all clear what the constitutional authority for the DMCA is, but the legislative history shows that one draft cited the IP clause as the constitutional authority, and another cited the commerce clause. The final version didn't state what the authority was.
