
Because of the Commerce Clause!
The Political Orphanage
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The Commerce Clause and the Violence Against Women Act
Congress just got to a point where they got away with using the commerce clause so often that they stopped even thinking through the argument ahead of time. That is how you get the tortured reasoning of low peds which blessedly the court did strike down and say i'm sorry this is a bridge too far um. The violence against women act actually came before the court but one of the provisions was that women who had been abused were suddenly allowed to bring civil suits in federal court.
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