Subject: Re: the .NET battle ends
From: Tom Lord <lord@regexps.com>
Date: Fri, 21 Sep 2001 13:19:33 -0700 (PDT)



       The SSSCA by contrast appears designed to fall under Congress'
       authority under the Commerce Clause.

Thank you for pointing out that rather important point.


      he said that it might be challenged under the theory that
      the grants of power to Congress also carry implicit restrictions.
      IANAL, but it looks like a far harder case to say that you cannot do
      something allowed under one grant of power because another grant of
      power had a limitation.  

I guess you are thinking of the "limited time" part of the
"promote progress" clause?

All of Congress' authorities are unambiguously limited by the
amendments, the other articles, and the preamble.  The commerce
clause does not mean "Congress can do whatever it damn well pleases
so long as it pertains, however vaguely, to money crossing state
borders."

-t