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That's a very flawed example Isaac Send a noteboard - 09/06/2011 09:06:24 PM
1) It specifies specifically the Merchant Marine, which is an auxiliary arm of the US Navy

2) It requires purchase from the government itself, not private institutions. The court challenge specifies that it is unconstitutional to force people to buy goods and services from private sector.

So the merchant marine, not strictly civilian, particularly not in that era, was being forced to purchase from the government, not private providers.

3) The merchant marine specifically falls under federal control, not state, they are under federal jurisdiction, and the Act specifies only elements under federal jurisdiction, thus it is totally irrelevant to any challenges specifically having to deal with the commerce clause, which deals with state to state matters.

That's just the obvious flaws that come to mind with the analogy, I'm sure a lawyer could find even more.
The intuitive mind is a sacred gift and the rational mind is a faithful servant. We have created a society that honors the servant and has forgotten the gift.
- Albert Einstein

King of Cairhien 20-7-2
Chancellor of the Landsraad, Archduke of Is'Mod
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Actually, there's an even more relevant example. - 09/06/2011 08:01:18 PM 482 Views
That's a very flawed example - 09/06/2011 09:06:24 PM 368 Views
Excellent response.....you hit the nail on the head..... *NM* - 09/06/2011 09:12:06 PM 160 Views

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