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TopicPro sports players' unions sign letter opposing liability protections
KiwiTerraRizing
08/03/20 6:23:43 PM
#7:


ThePieReborn posted...
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

Its been snapping back for decades ever since Lopez to the point id argue Filburn isnt even good law anymore.


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