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by achenet
1462 days ago
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> Someone will get to have their name attached to the decision declaring any government interference in how a business is run unconstitutional. Congress has the power to regulate commerce. [0] https://www.law.cornell.edu/wex/commerce_clause "The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; To borrow money on the credit of the United States; To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;" [1] https://www.law.cornell.edu/constitution/articlei#section8 |
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To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
There is a long road of interpretation from there to telling a manager of a restaurant that he has to hire black waiters. And the important bits of it all came in the last century. It is certain that the Founders never INTENDED for Congress to have its current authority.
It seems unlikely that the Supreme Court wants to create the chaos of overturning all of that to go back to the original definition. But it is within their official authority to do so.