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> States are allowed to set their own criminal codes. If Mississippi drops the mandate part and passes a new law that simply defines certain things as crimes wi
by toast0 1y ago
> States are allowed to set their own criminal codes. If Mississippi drops the mandate part and passes a new law that simply defines certain things as crimes with corresponding penalties, that law would probably be constitutional.
States have limits to what things they define as crimes. Defining certain type of trade to be criminal is regulating trade. And regulating interstate trade is reserved for Congress. Yet, many state laws criminalize some commerce, and case law has expanded interstate commerce to often include sales where the buyer, seller, and manufacturer are all in the same state... consistency is not a strength of our system.
- cobbzilla 1y agoI hope you are right!