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Also feels like a trend among states to end-run the commerce clause. Want to tax imports despite the Constitution? Just pass regulations that only affect out of state industries and fine them for non-compliance.



I think that's fair, given that the commerce clause is interpreted so ridiculously broadly that the 10th amendment might as well not exist.


It should really be flipped. Wickard should be overruled, as a result reducing the federal power to regulate intra-state affairs, but state power better circumscribed by the Commerce Clause: no one state should be able to dictate nationwide commerce terms on account of its economy's size. Whether that would prevent Texas from regulating Meta as in this case is not clear -- the courts would have to figure that out.




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