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A potential constitutional basis for federal licensure could hinge on the Commerce Clause in Article I, which grants Congress the power “To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”. Michael Young cites the Court’s 1995 ruling in United States v. Tenth Amendment and “Police Power”.
387 (2012), immigration case, again rejected obstacle preemption as giving force to “judicially divined legislative purposes” Nothing in the text of federal immigration statutes “indicates that Congress intended enforcement. . . Davidowitz , 312 U.S. Moran , 536 U.S. Mensing , 564 U.S. United States , 567 U.S.
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