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Tenther claims are not going to get you far in front of the US Supreme Court. Congress has extensive powers over interstate commerce, and when it chooses to re
by nknight 15y ago
Tenther claims are not going to get you far in front of the US Supreme Court.
Congress has extensive powers over interstate commerce, and when it chooses to regulate an aspect of interstate commerce, state regulation in that area is automatically preempted except to the extent specified by Congress. This rule is clear and longstanding, and does not simply cover "various matters", but virtually all matters directly connected to commerce amongst the states.
Further, look up the dormant commerce clause, which can kick in even without Congress stepping into an area.
Then look up Granholm v. Heald. Even the 21st Amendment couldn't save one attempt that tried to regulate interstate trade of alcohol.