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I was just pulling a theory out of my backside, JD. I'm not sure who the "they" is in your question. However, under that line of thinking, EVERYTHING is subject to Commerce Clause regulation by the fed gov't.
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Almost everything. And, while admitting that's part of what rankles
sooooo many people, that's the world we live in too. Just because they don't choose to regulate the shoelaces that travel from the plant in Athens Georgia, to the place they get the plastic tips in Smyrna, doesn't mean they don't have the authority to do so.