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Topic	Pro sports players' unions sign letter opposing liability protections
ThePieReborn 08/03/20 6:08:59 PM #6:	KiwiTerraRizing posted... Commerce is a huge fucking stretch for every single employee and employer. Supremacy only applies if you have the power to do it in the first place, which they dont. I don't think you appreciate how far the Commerce Clause has been stretched. It's basically the default for congressional authority, because the category of things falling under "having a substantial effect on interstate commerce" is gigantic. Especially when it's an intrinsically "economic activity," because then it can be presumptively aggregated on the whole to be treated as having a substantial economic effect, regardless of individual circumstances. And the employment relationship is by its very nature an economic activity that can be aggregated. Congress has regularly granted large swathes of entities tort liability protections, and you'll be hard-pressed to find a power source other than the Commerce Clause. https://crsreports.congress.gov/product/pdf/LSB/LSB10461 --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! <cite>ThePieReborn posted [p:942951041] in Pro sports... [t:78890255]...</cite> <quote>KiwiTerraRizing posted... </cite> <quote>Commerce is a huge fucking stretch for every single employee and employer. Supremacy only applies if you have the power to do it in the first place, which they dont.</quote>I don't think you appreciate how far the Commerce Clause has been stretched. It's basically the default for congressional authority, because the category of things falling under "having a substantial effect on interstate commerce" is gigantic. Especially when it's an intrinsically "economic activity," because then it can be presumptively aggregated on the whole to be treated as having a substantial economic effect, regardless of individual circumstances. And the employment relationship is by its very nature an economic activity that can be aggregated. Congress has regularly granted large swathes of entities tort liability protections, and you'll be hard-pressed to find a power source other than the Commerce Clause. https://crsreports.congress.gov/product/pdf/LSB/LSB10461 --- Party leader, passive-aggressive doormat, pasta eater extraordinaire!</quote> ... Copied to Clipboard!
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