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Rod Anderson
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Reply to both IVP and Prof. Crouch: Thanks for your comments -- I was starting to worry that I was all wet. My understanding of the Commerce Clause is along the lines of both of yours -- generally broadly construed but that there are in fact some limits somewhere (perhaps the Health Care case will lend some new light on things). But as general principles go, I wonder whether simply the outer bounds of the Commerce Clause would be seen as sufficient support to uproot and pre-empt the duly-enacted laws of 50 states, especially if the federal trade secret law is broad enough to reach purely intra-state matters. I would hope not. P.S. The proposal in this article hit two nerves of mine: harmonization for harmonization's sake, and over-reach of federal law.
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I guess where I was going was the article's call for pre-emption of all state laws in order to address the asserted problem of inconsistency among state trade secret law. If a federal statute is enacted in order to do away with all state trade secret law (darned messy states), presumably such a law would not include the stated limitations of the current proposal. However, then I question whether such a law has a constitutional basis under the commerce clause.
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What is the constitutional authority for Congress to make such a law?
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Oct 12, 2011