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Old January 9, 2013, 10:09 AM   #15
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,913
Before we all get too excited, it's extremely doubtful that this would get anywhere in federal court.

Remember that the Founding Fathers provided in the Constitution (Article VI, Clause 2, emphasis added):
Quote:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Founding Fathers also provided in the Constitution (Article III):
Quote:
Section 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish....

Section 2. The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution,...
And with regard to the reach of the Commerce Clause, see Gonzales v. Raich, 545 U.S. 1 (2005).
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