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Old Posted Sep 24, 2018, 5:43 PM
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Mr Downtown Mr Downtown is offline
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^You seem determined to see this through the lens of the 20th century's expansion of the Commerce Clause when it's an entirely different question. It's not a matter of whether something is properly done by the states or by the feds; Illinois Central stands for the proposition that there are some things that even the sovereign may not do.

Illinois Central is settled law, relied on by decades of important environmental decisions. The only thing that could change that would be a constitutional amendment or a Supreme Court decision reversing Illinois Central.
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