Why I will support Joe Republic for President (user search)
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  Why I will support Joe Republic for President (search mode)
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Author Topic: Why I will support Joe Republic for President  (Read 1818 times)
KEmperor
Junior Chimp
*****
Posts: 8,454
United States


Political Matrix
E: 8.00, S: -0.05

« on: September 27, 2005, 01:48:10 PM »

It has declared that labor is not an "article of commerce" that can be regulated by the federal government

Which was absolutely crazy and demonstrated either a complete lack of understanding of the way the job market works or intellectual dishonesty.

While I don't feel like arguing the merits of the decision, I would simply like to point out that our position is not without precedent.  The New York State Constitution, for example, contains the following in its Bill of Rights:

Section 17. Labor of human beings is not a commodity nor an article of
commerce and shall never be so considered or construed.


You might disagree with this position, but to accuse intellectual dishonesty with regard to a perfectly valid viewpoint is a bit harsh.
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KEmperor
Junior Chimp
*****
Posts: 8,454
United States


Political Matrix
E: 8.00, S: -0.05

« Reply #1 on: September 27, 2005, 02:14:06 PM »

If a statute or Constitutional provision specificallyexzcludes the labor market from the commerce power your interpretation would be correct.  I do not recall their being such an exemption in our Constitution.

The Constitution specifically says that the Federal Government has the power to regulate "articles of commerce," not all forms of commerce in general.  We have no commerce clause.  As precedent from various laws and rulings over the years (see Emsworth's post) states, labor is not to be considered an "article of commerce."  Hence the federal government has no power to regulate in this area.
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