Are the internal operations of state governments examples of "commerce among the several states?" Are they even commerce of any kind? Is there an interstate market for state government agencies, such as the Attorney General's Office, the Department of Revenue, and the state judiciary? Does Garcia take the Commerce Clause beyond the outer edges of even Wickard ?
Consider the competing positions of the majority and the dissent in National League of Cities on p. 236:
Justice Rehnquist’s opinion for the Court relied on the statement in the footnote to the Fry opinion that Congress could not “exercise power in a fashion that impairs the States’ integrity or their ability to function effectively in a federal system.” Applying the Fair Labor Standards Act to state employees would impose costs and limit flexibility. The Court concluded that “insofar as the challenged amendments operate to directly displace the States’ freedom to structure integral operations in areas of traditional government functions, they are not within the authority granted Congress by” the Commerce Clause.
Here is the gist of Brennan's dissent:
Justice Brennan’s dissent, joined by Justices White and Marshall, argued that “restraints upon exercise by Congress of its plenary commerce power lies in the political process and not in the judicial process. . . . [T]he political branches of our Government are structured to protect the interests of the States, as well as the Nation as a whole, and . . . the States are fully able to protect their own interests. . . . ”What are your thoughts?
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