Then, Commerce prescribes a proper amount of profit that firms selling the subject product in the non-market economy should be earning, if they were operating in a market economy, again by reference to the profit experience of chosen firms in a similar industry in the other country.

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This Court has a duty to defend the integrity of its precedents, and we should grant certiorari to affirm that Lopez provides the proper framework for a Commerce Clause analysis of this type.

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Judge Vinson flatly rejected the administration's attempt to escape the restrictions of the Commerce Clause by appealing to the Necessary and Proper Clause.

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Indeed, the minority staff of Congress' Joint Economic Committee has a study underway, and academics are already churning out papers on the proper tax treatment of pretend online worlds with their own economies and commerce.

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Recognizing the vulnerability of relying on the Commerce Clause alone, the Obama administration in the Florida case shifted its emphasis to the Necessary and Proper Clause of the Constitution.

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For this reason, the mandate also cannot be justified under the Necessary and Proper Clause, because that clause can effectuate only those powers that Congress actually possesses under the Commerce Clause, not create new ones.

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