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Old 01-22-2004, 09:48 PM   #4589
Tyrone Slothrop
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Join Date: May 2004
Posts: 33,084
Yeah, the GOP is all about states' rights in overturning RvW.

Quote:
Originally posted by Not Me
And does that in any way prove that the interstate commerce clause has not been used to uphold civil rights laws?
You initially suggested that the 14th Amendment does not empower Congress to pass civil rights laws, and I am telling you that not only is that wrong, the legislative power provided in Section 5 is in significant respects more robust than Congress's other powers. I mention this because the fact the 14th Amendment in this way permits evasion of the "case or controversy" requirement in Article III is a curiosity of passing relevance to what we were talking about. I would not be surprised that courts have also ruled that Congress can pass such laws pursuant to the Commerce Clause, but I also don't know why it would matter.
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