2 ms·
As is usually the answer with business, it's the Commerce Clause. ("Congress shall have the power... to regulate commerce... among the several states") It's a
by Bartweiss 10y ago
As is usually the answer with business, it's the Commerce Clause. ("Congress shall have the power... to regulate commerce... among the several states")
It's a basically open-ended constitutional grant to regulate business, with the only caveat being that it's restricted to activities which affect the flow of commerce across state lines.
- umanwizard 10y agoThat would give Congress the power to regulate these contracts; it wouldn't make them unconstitutional automatically, unless there's some argument I'm missing.
- Bartweiss 10y agoTrue enough, I'm not sure why the word 'unconstitutional' was used. This seems to be a pretty clear case of "laws enabled by the commerce clause", so all it would take is a repeal of Sherman to change the situation.