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More on the Eldred case....Jeffrey Rosen, Disney's Copyright Conquest: Mouse Trap, The New Republic, October 28, 2002. (Free registration required.)
Excerpt: "In fact, the constitutional arguments against the CTEA are the same ones Rehnquist has made the centerpiece of his judicial legacy: that the Constitution grants Congress limited powers, which may only be exercised for carefully enumerated purposes. Seen in this light, the case for striking down the CTEA is actually stronger than the case for striking down the Violence Against Women Act, the Brady Bill, the Gun-Free School Zones Act, and other federal laws that Rehnquist and his conservative colleagues have held exceed Congress's enumerated powers. If the Court upholds the CTEA while continuing to strike down far less objectionable statutes in the name of limited federal government, Rehnquist's crusade to limit Congress's power will be clearly revealed to be based not on devotion to constitutional text and history but on the political and economic interests that a given law serves." |
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