Authored by: Anonymous on Tuesday, August 14 2012 @ 05:05 PM EDT |
IANAL but wouldn't design patents, as a subset of trademark law, be based on the
power of congress to regulate interstate commerce? So what are the limits to
that power? For example could congress just flat out sell monopolies to engage
interstate commerce in certain types of goods? If not why not and how would the
argument go.[ Reply to This | Parent | # ]
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Authored by: tknarr on Tuesday, August 14 2012 @ 05:19 PM EDT |
It provides a reason for why Congress is granted a power, but that
doesn't change what that power is. And the "what" portion doesn't include
language limiting the power to only the specific purposes mentioned in the "why"
part, so there is no such limit on that power. [ Reply to This | Parent | # ]
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Authored by: Anonymous on Tuesday, August 14 2012 @ 07:29 PM EDT |
Yes. When you see a phrase like that in the Constitution it is decorative. The
Supreme Court has made this plain for copyrights and guns.[ Reply to This | Parent | # ]
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