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Originally Posted by alhattab
Interesting to me- as a layperson- why PASPA wouldn’t survive under similar logic.
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PAPSA was struck down because it commandeered state resources. This may seem like a silly distinction, but our constitutional doctrines treat a law that tells state regulators what to do differently than one that just directly sets up a federal apparatus. So for instance, in the gun control area, Congress can direct ATF to perform background checks, but it can't tell the state governments or local sheriffs to do the checks. That's Printz v. United States.
HISA doesn't tell the states how to regulate- it sets up a federal corporation just like FINRA in the securities area.