05-13-2016, 11:05 PM
(05-12-2016, 05:36 PM)Kinser79 Wrote:(05-12-2016, 03:48 PM)pbrower2a Wrote: That's simply a point of logic. Brilliant people can believe in discreditable ideas -- let us say young-earth creationism. Add to that, commonplace errors of memory. Haven't we all?
People make specious and fraudulent arguments all the time, often with considerable sophistication. The fault is with the speciousness or fraudulence of discreditable results of their sophisticated arguments.
I suppose if one cannot bedazzle them with brilliance one must try to befuddle them with bullshit.
So in short, if I'm interpreting your word salad correctly, is that you can't refute Galen's and My claim that the commerce clause does not apply to minimum wages (excluding the special circumstances I indicated) because labor does not cross state lines because in order to do so you would have to argue that a McDonald's worker who works in Mississippi directly competes with a McDonald's worker in New York State. The simple fact of the matter is that argument cannot be made. Neither McDonald's worker is crossing state lines and neither produces an item which would be subject to crossing state lines. The line of argument, that they actually are in competition with each other, is as we call it in the trade...fucking stupid.
In fact any and all federal regulations that a McDonald's restaurant would be subject to would rests (apart from the unconstitutional minimum wage, and barely constitutional ACA) at the point of procurement of their ingredients. In short the meat, bread, vegetables and other materials used to assemble your Big Mac whether you purchase it in Mississippi or New York State. All of which the USDA regulates relatively reasonably, and most of which at some point have crossed a state line, and the meat and vegetables certainly have even if the breads have not, either in production or transportation to the location of final cooking and assembly.
As such, were minimum wages a matter of federal regulations, and not reserved to the States via the 10th amendment, every increase on the current Federal Minimum Wage issued by states like New York, New Jersey, Florida and etc are all unconstitutional. Why? Because Federal Law takes precedence over state law.
U.S. v Darby Lumber held that a state could not use its power to decrease it's minimum wages for competitive advantage of companies in its state, therefore it is also conceivable that one could argue that states likewise do not have the power to increase their minimum wages for economic advantages created by increased aggregate demand.
In essence in order for your position to be correct PBR you have to lower the wages of minimum wage workers in 28 states, 1 Territory and DC!
I do not have the legal training to make reliable predictions or explanations of judicial findings. Neither do you. Neither does Galen.
If states can have different speed laws they can also have different wage laws.
The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated Communist but instead the people for whom the distinction between fact and fiction, true and false, no longer exists -- Hannah Arendt.