The only difference between my friends scenario and mine is that in my friends scenario the state legislature would retain the authority to override what the commission has done but that is only in consequence of state legislation over federal legislation. Its not something that a state legislature can override and it is a consequence of congress superceding authority and congress authority under the elections clause. Scalia the second clause is being used to revise the second clause. The second clause can congress can do something on its own. But can congress use the second clause to revise with the first clause says . Feigin one thing i want to emphasize is i think the court settled this issue in hildebrandt when it said it was simply doing something that the constitution expressly gave the right to do. I dont think the right way to think about this is commerce using the second sub clause to rewrite this first. Congress thank you. Mr. Waxman. Waxman we have before us a suit that the
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