Comment by tyre
1 day ago
Another case based on interstate commerce: the US ban on racial segregation. The example given, iirc, was restaurant competition across state lines.
1 day ago
Another case based on interstate commerce: the US ban on racial segregation. The example given, iirc, was restaurant competition across state lines.
The interstate commerce clause is just craziness. It touches everything and gives justification to regulate nearly anything.
A lot of stuff does have interstate implications. Especially now that most corporations operate in an interstate fashion.
That said, I agree that it's overused. I personally think that the 9th amendment should be used in a lot of cases, like civil rights, instead of the interstate commerce law.
The supreme court, however, has basically decided that the 9th amendment doesn't really exist.
You could just as easily stuff most of those things under the "general welfare" clause if you do the same rigamarole of years and years of precedent hand-waving. We live in a post constitutional state. The constitution is just something worked to backwards so the guys who function as our priests/gods point to the document because that's the only way to feign some sort of legitimacy to our government.
Ultimately none of us signed the constitution and all of those people that did are dead. It is a religious artifact used by the whig -god people to argue they are right. Not something followed with faith to the historical context nor literal contract.
(edit: to below trying to compare bad-faith ICC to good-faith general welfare, you must apply similar levels of creativity and bad faith. Ban things through high or impossible to pay taxation. "Tax" behavior to force people to do something in a certain way, make very heavy penalties for not paying the tax, and also make it extremely difficult to buy the tax stamps (this is how they did drug control until they decided to use the new fraud of "interstate" commerce).
General Welfare Clause only applies to taxing and spending, though, not just general regulation (e.g., making drugs illegal or banning segregation).
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I agree, from the other side of the aisle. The Constitution is merely a well-guarded piece of toilet paper now. Culture matters way more than legal documents in preserving a nation, and our culture has waned too significantly. I believe we've entered the "Byzantine" phase of America.
> Another case based on interstate commerce: the US ban on racial segregation.
Specifically the federal ban on private segregation. The states would still be able to ban it.
Moreover, is that the sort of thing you even want as an ordinary statute dangling precariously off of the commerce clause instead of making it a constitutional amendment to begin with?
I wouldn't be surprised if this one unironically goes given that Uber/Lyft are fully doing "women only" ride shares now.
Gen Z / Alpha have embraced X-"realism" and fully accept essentialism/reject "intersectionality". They're far more conservative/prudish than millennials, even at their young age.
> Gen Z / Alpha have embraced X-"realism" and fully accept essentialism/reject "intersectionality". They're far more conservative/prudish than millennials, even at their young age.
This does not meet up with my experience with them at all.
Just quick check, what percentage of onlyfans creators are Gen Z / Alpha vs other nonsense year demographics?
I think there's a selection effect there that makes it an unrepresentative sample.
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