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  • Originally posted by zraver View Post
    Legal Fiction (legal term) is a rule created by the courts as a way to act on a given issue or topic where explicit statue, code, law, or precedent might not exist. Because Congress has explicit right to regulate interstate commerce, the otherwise shaky legal status of desegregation can be made legal where it touches interstate commerce. Of course the courts have held that almost everything touches interstate commerce and is thus subject to Congressional regulation.
    The following actions, the government has tried to define as "interstate commerce."
    -Not buying health insurance[/quote]

    Insurance is provided by large multi-state corporations. Further Congress has an interest in keeping people who live in smaller population risk pools (higher premiums) from poaching from areas of larger populations (lower premiums) especially when they might be poaching to offset significant medical costs.


    [quot]-Bringing a gun to a school
    -sexually assaulting your college class-mate[/quote]

    uhmm????

    -Growing pot on your own land and smoking it
    Prove your home grown stone isn't entering the illicit drug trade?

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    • Originally posted by zraver View Post
      Legal Fiction (legal term) is a rule created by the courts as a way to act on a given issue or topic where explicit statue, code, law, or precedent might not exist. Because Congress has explicit right to regulate interstate commerce, the otherwise shaky legal status of desegregation can be made legal where it touches interstate commerce. Of course the courts have held that almost everything touches interstate commerce and is thus subject to Congressional regulation.
      Gotcha. Thanks for the clarification.
      "The great questions of the day will not be settled by means of speeches and majority decisions but by iron and blood"-Otto Von Bismarck

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      • Originally posted by GVChamp View Post
        Relevant case law was posted in a prior post to you. Your response was "why should I have to read any of this?"
        Answer: you do not understand the Commerce Clause. Violations of the Commerce Clause do not put people in jail. The Commerce Clause is a section of the Constitution that enumerates powers of Congress. The only entity that can "violate" the Commerce Clause is the US government.
        Your question is the equivalent of asking a scientist why adding a neutron to a sperm cell creates bank deposits. It's a category error.

        However, since you do not like the lecture method, how about the Socratic method?
        What legal right does the federal government have to regulate discriminatory behavior of private commercial businesses?
        I do not see where you have provided anything that says that people are being thrown in jail, aside from that wiki link.

        With regard to whatever legal point you are trying to make, there are already laws and regulations in place that stop you from discriminatory behavior.

        As a property owner, I might want middle class married Christian white families, but I sure as hell cannot advertise as such.
        "Is God willing to prevent evil, but not able? Then he is not omnipotent. Is he able, but not willing? Then he is malevolent. Is he both able and willing? Then whence cometh evil? Is he neither able nor willing? Then why call him God?" ~ Epicurus

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          “Loyalty to country ALWAYS. Loyalty to government, when it deserves it.”
          Mark Twain

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