Reply To: Ron Paul on Banning Contraceptives


If the Incorporations doctrine is accepted (which Professors here do not accept, for good reason), then the 4th amendment could apply. Otherwise, it does not.

The commerce clause question is a little more difficult. At first, my instinct is to say that where no trade exists (due to a state ban) no regulation could exist. So, therefore, the clause would not give the Feds the right to coerce one state into buying/selling a good it chose to ban. But I am not so sure.

Hopefully the professors can weigh in!