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It doesn't work like that. Once Congress enacts something then it can be preempted by federal law. Just because the activity took place in a single state doesn'
by encryptluks2 4y ago
It doesn't work like that. Once Congress enacts something then it can be preempted by federal law. Just because the activity took place in a single state doesn't mean that the Federal courts don't have jurisdiction. Erisa is a good example.
- arrosenberg 4y agoI wasn't arguing that, I was saying that it's not an unambiguous case of interstate commerce. Congress shouldn't be pre-empting the laws of California insofar as they apply to intrastate commerce. You can set a federal minimum and let each state enhance laws as they see fit.
- encryptluks2 4y agoAgreed, but as we've seen with many other federal laws once you have preemption then it is usually interpreted to the broadest extent and not the minimum.