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A comment on To Compete Better, States Are Trying to Curb Noncompete Pacts. Parent comment

Re:To Compete Better, States Are Trying to Curb Noncompete P... by Bartweiss on Wednesday June 29, 2016 @10:47AM (#12001946)
As is usually the answer with business, it's the Commerce Clause. ("Congress shall have the power... to regulate commerce... among the several states")

It's a basically open-ended constitutional grant to regulate business, with the only caveat being that it's restricted to activities which affect the flow of commerce across state lines.

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Re:To Compete Better, States Are Trying to Curb Noncompete P... by umanwizard on Thursday June 30, 2016 @05:19PM (#12011825)
That would give Congress the power to regulate these contracts; it wouldn't make them unconstitutional automatically, unless there's some argument I'm missing.
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Re:To Compete Better, States Are Trying to Curb Noncompete P... by Bartweiss on Friday July 01, 2016 @09:45AM (#12015950)
True enough, I'm not sure why the word 'unconstitutional' was used. This seems to be a pretty clear case of "laws enabled by the commerce clause", so all it would take is a repeal of Sherman to change the situation.
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