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01/27/2009

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It would seem that California's actions would be in violation of any common sense reading of the Commerce Clause, given the state's stated rationale for the restrictions. California is not trying to improve its air quality as it did many years ago with smog, it is trying to "improve" the quality of the entire earth's environment. To the extent that is to be done by any governmental entity within the United States, it is clearly stated in the Constitution that it is the job of Congress.

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