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7@Trilarion the US constitution limits the scope of federal power. If congressed passed such a law, someone would sue, and a court would nullify the law as beyond it's power.Caleth– Caleth2022-06-25 09:45:18 +00:00Commented Jun 25, 2022 at 9:45
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3@Caleth It's probably more precise to say it's an area where the Constitutional boundary between federal and state authority would be an open question to be litigated. However with the present composition of SCOTUS it's likely to end as you said.CynicallyNaive– CynicallyNaive2022-06-25 15:38:50 +00:00Commented Jun 25, 2022 at 15:38
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9@Trilarion In theory it's laid out in the Constitution. In practice there are all sorts of marginal questions that have only really been resolved through case law. For example, the US Congress has jurisdiction over interstate, not intrastate, commerce. In practice markets are so tightly coupled now that Congress has taken on a lot more authority than the text might suggest.CynicallyNaive– CynicallyNaive2022-06-25 15:49:41 +00:00Commented Jun 25, 2022 at 15:49
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5@Trilarion What's granted to the federal government trumps state law. That not granted to the federal government is controlled by the states insomuch as it doesn't violate the constitution and federal law. Thus Abortion, not controlled by the federal government as a protected right is a states right to control, allow or ban.WernerCD– WernerCD2022-06-26 02:51:09 +00:00Commented Jun 26, 2022 at 2:51
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3To @CynicallyNaive ‘s point, I think the best that Congress would be able to get to stick are laws making it illegal to interfere with crossing state lines to get an abortion. I can’t see any good way they could force states to make it legal internally that wouldn’t get overturned. But IANAL.Bobson– Bobson2022-06-26 16:12:23 +00:00Commented Jun 26, 2022 at 16:12
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