Help!!!!! Alioto may eliminate federal laws many think are firmly fixed

[bobbieinok]

(I am unable to figure out how to find this on the internet.)

A while ago, a scholar was interviewed on Fresh Air (don't remember name or title of book; the interview was maybe before Thanksgiving).

The interviewee said there was an infrequently discussed assumption that enabled Congress to pass laws covering all states, like much of the environmental legislation. He said a growing number of conservatives argue that this assumption is unconstitutional, that, eg, clean air laws can only apply to specific states.

There is a specifc term for this assumption.

Some of you with legal expertise may know what the man was talking about. What he said sounded very scary, b/c he said someone with this view on the SCOTUS could make it possible to overturn many of the environmental, anti-discrimination, etc, laws of the last 40+ years.

I found this discussion very scary and apologize that my memory is so spotty.

[bowens43]

1. I mentioned this in another thread.....

or maybe something similar but all of the laws you mention are based on a 'liberal' interpretation of the commerce clause. A more conservative interpretation could render all of those laws 'unconstitutional'. I think Roe Vs. Wade was a smoke screen and this is their true agenda.

[bobbieinok]

2. YES, it was the 'commerce clause'.....do you have a link to your post??

[bowens43]

4. I basically said the same thing that I said here.

The commerce clause is a HUGE issue that few know about. Almost all environmental laws, labor laws etc. are based on this clause. If this clause is interpreted differently it could be catastrophic. It will make overturning Roe Vs Wade look unimportant and basically turn our nation over to the corporations.

[FreedomAngel82]

3. They want it all done away with

Roe v Wade is just to gain support and for others to make noise.

[WinkyDink]

5. The irony would be the Conservatives' pointing to FOREIGN LAW

as precedent, aka the WTO rulings that assert that environmental laws hurt "free trade".

[bowens43]

6. They don't even have to do that.

All the court has to do is declare the current laws unConstitutional by reinterpreting the Commerce Clause.