• Skip to main content
  • Skip to primary sidebar
  • Advertise With Us
  • Privacy Policy
  • Terms of Use

Fierce Patriots

Conservative Political News

  • Subscribe

Dormant commerce clause

GOP senator embarrasses Biden nominee for federal appeals court with basic question about Constitution

May 18, 2023 by Chris Enloe Leave a Comment

Sen. John Kennedy (R-La.) stumpedyet another Biden judicial nominee on Wednesday with basic questions on constitutional legal doctrine.

At a hearing to consider federal District Court Judge Ana de Alba for a spot on the Ninth Circuit Court of Appeals, Kennedy asked de Alba to explain the Dormant Commerce Clause doctrine and the Commerce Clause, which is found in Article 1 of the U.S. Constitution.

“This has been in the news a lot lately, and you’ll probably see it if you’re confirmed to the Court of Appeal. Tell me about the Dormant Commerce Clause,” Kennedy quizzed.

De Alba responded that she is only “somewhat familiar with the Commerce Clause,” indicating where to find it in the Constitution — but said nothing about the Dormant Commerce Clause.

Kennedy responded by helping her. He explained that “there was a big Supreme Court case” dealing with the Dormant Commerce Clause that just came out of California (which came from the very appeals court to which de Alba is nominated). De Alba then apologized for not being able to answer his question, justifying her knowledge gap by explaining that she has never dealt with it as a practicing lawyer or judge. She then promised to research it.

But things got worse when Kennedy asked de Alba to discuss the Commerce Clause broadly.

“So, my understanding about the Commerce Clause, like I stated, senator, is that it is under Article 1 of the Constitution, and it allows the legislature to create laws that allow for movement and things related to commerce in the United States and anything crossing state lines, things like that,” de Alba explained.

In follow-up questions, Kennedy asked “between whom” the clause permits Congress to regulate commerce.

“Between states, for example,” de Alba said.

“Anybody else?” Kennedy asked.

“It’s not coming to mind right now, senator,” de Alba admitted.



Kennedy questions de Alba, Ramirez in Judiciarywww.youtube.com

The Commerce Clause, found in Article 1, Section 8, grants to Congress the power to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

The Dormant Commerce Clause doctrine, on the other hand, “refers to the prohibition, implicit in the Commerce Clause, against states passing legislation that discriminates against or excessively burdens interstate commerce,” Cornell Law explains.

Last week, the Supreme Court ruled in a case involving California Proposition 12, a state law that says pork products important into the state must meet specific animal welfare standards. The federal government challenged the law, arguing it violated the Dormant Commerce Clause. But the Supreme Court, in a 5–4 decision, disagreed, upholding the law.

Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!

Filed Under: Ana de alba, Biden nominees, Commerce clause, Constitution, Dormant commerce clause, John Kennedy, News, Senate Judiciary Committee, The Blaze

Primary Sidebar

McCarthy Backs Children’s Choir Silenced at the Capitol, Police Apology Cites ‘Miscommunication’

June 3, 2023 | Brittany Sheehan | Leave a Comment

On Friday evening, Speaker of the House Kevin McCarthy posted on social media calling the interruption of the Rushingbrook Children’s Choir … Read More... about McCarthy Backs Children’s Choir Silenced at the Capitol, Police Apology Cites ‘Miscommunication’

Woman arrested after leaving 2 children in a car that caught fire as she allegedly shoplifted, police say

June 3, 2023 | Michele Blood | Leave a Comment

A Florida woman faces multiple charges after a car in which she left two children caught fire as she allegedly shoplifted inside a mall, a report from … Read More... about Woman arrested after leaving 2 children in a car that caught fire as she allegedly shoplifted, police say

Migrants Charged by Texas Police for Breaching Border Barriers

June 3, 2023 | Randy Clark | Leave a Comment

EAGLE PASS, Texas — Texas Department of Public Safety troopers are now charging arrested migrants who cross the Rio Grande with criminal trespass … Read More... about Migrants Charged by Texas Police for Breaching Border Barriers

Biden Demonstrates That Even Wearing Pants Is a Challenge for Him

June 3, 2023 | Nick Arama | Leave a Comment

I never thought we’d be in a position where we’d have someone who was the alleged leader of our country who is such a constant embarrassment to the … Read More... about Biden Demonstrates That Even Wearing Pants Is a Challenge for Him

NSSF claims success in fending of anti-gun measures

June 3, 2023 | Tom Knighton | Leave a Comment

The National Shooting Sports Federation, or NSSF, is what many anti-gun voices claim the NRA is; the organization that actually represents the firearm … Read More... about NSSF claims success in fending of anti-gun measures

Sign Up For The Fierce Patriot Newsletter

Priorities? . . . . . Repost @charliekirk1776 #tr Priorities?
.
.
.
.
.
Repost @charliekirk1776 
#trump #trump2020 #maga #kag
Load More... Follow on Instagram

Nat’l Black Farmers Assn. Pres. on Report U.S. Paid Chinese Food Producers: We’re Giving China Resources to Buy our Farms

June 3, 2023 | Ian Hanchett | Leave a Comment

On Friday’s broadcast of the Fox News Channel’s “Fox & Friends First,” National Black Farmers … Read More... about Nat’l Black Farmers Assn. Pres. on Report U.S. Paid Chinese Food Producers: We’re Giving China Resources to Buy our Farms

Budget Battle Royale: NV Gov. Lombardo’s Veto Count Keeps Climbing

June 3, 2023 | Brittany Sheehan | Leave a Comment

Nevada’s new Republican Governor, Joe Lombardo has made use of his veto pen a significant number of … Read More... about Budget Battle Royale: NV Gov. Lombardo’s Veto Count Keeps Climbing

Texas outlaws transgender surgeries, puberty blockers, cross-sex hormones for children

June 3, 2023 | Michele Blood | Leave a Comment

Texas Governor Greg Abbott (R) signed a bill Friday banning transgender surgeries and related … Read More... about Texas outlaws transgender surgeries, puberty blockers, cross-sex hormones for children

Woke Panic: IMDb Artificially Boosts Disney’s ‘The Little Mermaid’ User Score After Detecting ‘Unusual User Voting’

June 3, 2023 | David Ng | Leave a Comment

IMDb has claimed to have detected “unusual user voting” for Disney’s new live-action remake of The … Read More... about Woke Panic: IMDb Artificially Boosts Disney’s ‘The Little Mermaid’ User Score After Detecting ‘Unusual User Voting’

Exclusive — Sen. Roger Marshall on Biden’s Fall: The World Sees a ‘Weak’ and ‘Failing’ President

June 3, 2023 | Hannah Bleau | Leave a Comment

World leaders see a “weak” and “failing” president who has been incapable of leading, Sen. Roger … Read More... about Exclusive — Sen. Roger Marshall on Biden’s Fall: The World Sees a ‘Weak’ and ‘Failing’ President

Poll: Public ‘Strongly’ Rejects Transgenderism Despite Corporate ‘Pride’

June 3, 2023 | Neil Munro | Leave a Comment

Americans are uniting in broad opposition to the transgender ideology despite a roar of … Read More... about Poll: Public ‘Strongly’ Rejects Transgenderism Despite Corporate ‘Pride’

No Escape: ALL TV Remotes Must Have Dedicated BBC Button, Broadcaster Demands

June 3, 2023 | Peter Caddle | Leave a Comment

A button bringing users directly to the BBC must be put on all new television remotes, the … Read More... about No Escape: ALL TV Remotes Must Have Dedicated BBC Button, Broadcaster Demands

Fmr. Anheuser-Busch Executive: Corporate Leftism Is Driven by Investment Firms Who Are Pushed by Officials

June 3, 2023 | Ian Hanchett | Leave a Comment

On Tuesday’s broadcast of the Fox News Channel’s “Jesse Watters Primetime,” Strive Asset Management … Read More... about Fmr. Anheuser-Busch Executive: Corporate Leftism Is Driven by Investment Firms Who Are Pushed by Officials

Six Flags hosting drag queen shows for ‘all ages’ at amusement parks across the country, one theme park showcasing history of Pride presentation

June 3, 2023 | Paul Sacca | Leave a Comment

Six Flags – the national amusement park company – is presenting drag queen shows at several of its … Read More... about Six Flags hosting drag queen shows for ‘all ages’ at amusement parks across the country, one theme park showcasing history of Pride presentation

WATCH — Husband Slaps Doctor He Accuses of Sexually Assaulting Wife: ‘If This Was Brazil, I’d Kill You!’

June 3, 2023 | Amy Furr | Leave a Comment

A husband jumped onstage at a conference in Maryland in April to confront the doctor he accuses of … Read More... about WATCH — Husband Slaps Doctor He Accuses of Sexually Assaulting Wife: ‘If This Was Brazil, I’d Kill You!’

Hong Kong Police Arrest Four for ‘Seditious’ Acts on Anniversary of Tiananmen Massacre

June 3, 2023 | Breitbart London | Leave a Comment

(AFP) — Police arrested four people in Hong Kong for “seditious” acts and “disorderly conduct” on … Read More... about Hong Kong Police Arrest Four for ‘Seditious’ Acts on Anniversary of Tiananmen Massacre

Exclusive — Joni Ernst: Roast and Ride Fundraiser Is Essentially the GOP Primary ‘Kickoff’

June 3, 2023 | Hannah Bleau | Leave a Comment

Sen. Joni Ernst’s (R-IA) Roast and Ride fundraiser is essentially serving as the Republican primary … Read More... about Exclusive — Joni Ernst: Roast and Ride Fundraiser Is Essentially the GOP Primary ‘Kickoff’

Copyright © 2023 — FiercePatriots.com • All rights reserved. • Privacy Policy • Terms of Use • Sitemap