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View Diary: Getting It: Interstate Commerce & the New Deal (290 comments)

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  •  partial birth abortion (none)
    Why isn't federal regulation of abortion violation of the ICC clause too?
    •  Necessary and Proper Clause (none)
      Since the Supreme Court in Roe and Casey makes regulation of abortion legal (so long as the requirements of those cases are obliged), Congress would be free to regulate away to promote the general welfare of the people via the Necessary and Proper Clause.  Presumably they would never have to invoke the Commerce Clause of Article I.  At least that's what I would guess...

      "The Red Sox have won baseball's world championship. Can you believe it?!" -- Joe Castiglione

      by PADC on Tue Dec 14, 2004 at 08:03:06 PM PST

      [ Parent ]

      •  I don't think so. (none)
        The N&P clause isn't an independent grant of legislative authority.  It just authorizes Congress to enact all laws that it finds useful in carrying out its enumerated powers.  Regulating abortion is not an enumerated power.  

        Join the American Constitution Society for Law and Policy: www.acslaw.org

        by yella dawg dem on Wed Dec 15, 2004 at 01:30:56 PM PST

        [ Parent ]

        •  Good point (none)
          looks like I'm a little rusty on Article I.  

          "The Red Sox have won baseball's world championship. Can you believe it?!" -- Joe Castiglione

          by PADC on Thu Dec 16, 2004 at 05:59:50 AM PST

          [ Parent ]

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