Quote:
Originally posted by Mmmm, Burger (C.J.)
But I think the timmy dispute is this. SAM means to say that IP rights come from the constitutional authority to establish patents. You say it comes from the commerce clause. SAM's right--it's a separate clause. But so what.
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No need to try to make me look stupid --- I can do that by myself. I know it's in a separate clause, and said so. My reference to the Commerce Clause was that it has the same effect --- it confers a power on Congress to occupy a field (where it chooses) and avoid a multistate fiasco, not confers a right on an individual. I never said Congress had the power to regulate patents solely b/c of the Commerce Clause, although I think Congress would now have a basis to do so, at least after 1940-whatever and the growth of CC jurisprudence.
