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A comment on TikTok’s Chinese owner offers to forego stake to clinch U.S. deal – sources. Parent comment

Re:TikTok’s Chinese owner offers to forego stake to clinch U... by billfruit on Saturday August 01, 2020 @10:16PM (#24025776)
Not just broader support among elected officials, but it needs to be in line with the constitution too. Even with full on bi-partisan majority and popular support, unconstitutional measures cannot be executed by the Federal Government.
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Re:TikTok’s Chinese owner offers to forego stake to clinch U... by barry-cotter on Sunday August 02, 2020 @12:39AM (#24026395)
> Even with full on bi-partisan majority and popular support, unconstitutional measures cannot be executed by the Federal Government.

And the fact that the US Constitution only allows the Federal Government to regulate interstate commerce is why Wickard v. Filburn was decided for Filburn. Growing wheat to feed your own pigs is obviously not interstate commerce so the Feds can’t tell you what to do.

https://en.wikipedia.org/wiki/Wickard_v._Filburn

Obviously that’s not what actually happened. Equally obviously the constitution constrains the government exactly as much as it wishes to be constrained.

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Re:TikTok’s Chinese owner offers to forego stake to clinch U... by learc83 on Saturday August 01, 2020 @10:32PM (#24025847)
Well Congress can definitely ban foreign owned companies from operating in the US under at least 2 sections of the constitution that I can think of.

And Congress has delegated part of that power to the President.

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Re:TikTok’s Chinese owner offers to forego stake to clinch U... by albacur on Sunday August 02, 2020 @04:48AM (#24027352)
The Constitution applies to independent foreign enterprises and state-owned enterprises that aren't under direct control of the state.

The Constitution does not apply if a foreign government "exerts sufficient control over [the enterprise] to make it an agent of the State." I don't know if it can be argued that ByteDance falls in this category, but there have been many allegations that the company works closely with the CCP to provide surveillance and disseminate propaganda on Douyin, the Chinese version of TikTok.

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