3 ms·
not a lawyer but I have a feeling there are constitutional hurdles here to consider.
by riffic 5y ago
not a lawyer but I have a feeling there are constitutional hurdles here to consider.
- ceejayoz 5y agoSuch as? The Commerce Clause has been interpreted extremely loosely in recent decades. If you can ban medical marijuana because it might travel across state lines (https://en.wikipedia.org/wiki/Gonzales_v._Raich https://en.wikipedia.org/wiki/Gonzales_v._Raich), you can ban scalping on similar grounds.
- riffic 5y agoby "I have a feeling", it means I don't really know. I qualified this by saying I'm not a lawyer. I'll just go out on a limb and say first amendment reasons? It's kind of hand-wavy, but it's pretty broad and I can appreciate that it's applicable for so many forms of protection (do you like those t-shirts printed with illegal source code? I don't know. Don't ask me for analysis here.)