News for hackers. Stuff that matters.
Re:Kalshi court losses pile up as judges refuse to block sta... by krapp on Friday November 06, 2026 @03:21PM (#50397916)
> In what reality is "commerce" defined as exclusively-physical goods?

The reality of pre-industrial America circa the writing of the Constitution, which we have decided defines the limit of interpreting the language in that document.

If we're going to do that with guns we should be consistent and do that with everything. Non-physical goods didn't exist back then, the founders didn't know what an internet was, therefore online commerce doesn't exist as far as the constitution is concerned.

>Anyone that spouts this immediately signals their lack of English knowledge, law insight, etc. Even RBG didn't attempt this argument because it's literally incorrect.

And yet, DC vs. Heller.

Re:Kalshi court losses pile up as judges refuse to block sta... by 15155 on Friday November 06, 2026 @03:25PM (#50397963)
> The reality of pre-industrial America circa the writing of the Constitution, which we have decided defines the limit of interpreting the language in that document. ... Non-physical goods didn't exist back then

Did insurance markets and stock markets not exist back then? The Dutch East India Company is almost 200 years older than the United States. What the fuck are you talking about?

Re:Kalshi court losses pile up as judges refuse to block sta... by krapp on Friday November 06, 2026 @03:33PM (#50398087)
Insurance and stocks were not subject to the Interstate Commerce clause until the 19th and 20th century, and the Dutch East India company dealt in physical goods, which is what I was talking about.

Why the fuck can't you read?

Re:Kalshi court losses pile up as judges refuse to block sta... by 15155 on Friday November 06, 2026 @03:37PM (#50398139)
The Dutch East India Company's ownership was traded internationally... on a stock market. "Non-physical goods didn't exist back then"

> Why the fuck can't you read?

I'm not the one throwing "well-regulated militia" out as a serious argument (as if prefatory clauses somehow change the remainder of a sentence.) Why the fuck can't you read? Perhaps you should volunteer to be on the door-to-door confiscation squads.

Re:Kalshi court losses pile up as judges refuse to block sta... by krapp on Friday November 06, 2026 @03:40PM (#50398179)
>I'm not the one throwing "well-regulated militia" out as a serious argument (as if prefatory clauses somehow change the remainder of a sentence.)

Take it up with the Supreme Court then.

Re:Kalshi court losses pile up as judges refuse to block sta... by 15155 on Friday November 06, 2026 @03:40PM (#50398194)
I'll keep machining away, good luck with your facially-incorrect theories!
Re:Kalshi court losses pile up as judges refuse to block sta... by kube-system on Friday November 06, 2026 @03:27PM (#50397990)
Commercial services absolutely existed at the founding of the US.
Re:Kalshi court losses pile up as judges refuse to block sta... by krapp on Friday November 06, 2026 @03:39PM (#50398160)
Jesus fucking Christ.

I'm not arguing that services didn't exist.

I'm arguing that the Interstate Commerce clause was originally intended to apply to physical goods being transported across state lines.

You could transport physical money across state lines. You couldn't transport "a banking" across state lines.

You could transport horses, humans and machines. You couldn't transport "a labor."

Every one of these things comes down to some physical item that could be taxed as it crossed a border. That was the entire point of it.

Re:Kalshi court losses pile up as judges refuse to block sta... by kube-system on Friday November 06, 2026 @04:03PM (#50398497)
James Madison who wrote the first damn draft of the commerce clause and was alive to see it applied to transportation services by SCOTUS in Gibbons v. Ogden, 7 years after he left the presidency. And in letters, he was arguing that congress should regulate shipping.

https://founders.archives.gov/documents/Madison/99-02-02-154...