laxbrah420 wrote:I'd love to read what you come up with for commerce clause here mang:
Congress has the power to allow same sex couples to adopt because not allowing them to adopt makes them mad, which makes them more prone to violence, which can wreck our economy
Hahaha, here's all I could come up with...
 Instrumentalities of interstate commerce?
- Yes: private adoptions not infrequently involve movement of children across state lines for a commercial activity — their “purchase”
- No: the law affects both state and private adoption agencies. Although private adoption agencies may involve not-insignificant amounts of inter-state travel for children, state agencies involve virtually none. Therefore, in some aspects, the law is attempting to regulate instrumentalities that are local in nature.
 Intrastate activity that has a substantial effect on interstate commerce?
- Yes: Commercial: in private agencies, the children are bought/sold on the market: consideration = the child (biological parents/agency) and the substantial fee. In state agencies, the children are exchanged; Congressional findings: decreases number of interstate adoptions and intrastate adoptions —> $mms less spent on raising children
- No: Non-commercial: not a traditional economic activity on its face, i.e., a commodity like marijuana; Doesn’t have a substantial effect on IC. Congressional findings are speculative at best. $$ would have been spent on raising those children regardless — allowing gay couples to adopt would merely transfer that cost to a different actor.
- Broader regulatory scheme = ensuring that children are raised in stable households
- Allowing homosexual couples to adopt would be useful in carrying out that ends — they’re no worse parents than heterosexuals and children who grow up in foster homes, e.g., are in much less stable environments.
- But, too much federal power — arguments based on studies that aren’t on point (relate to gay and lesbian parents in general, not adoptive parents) and ignore [some] contrary expert concerns
How shit was my analysis? I couldn't think of much more to put down, since I do feel like the thrust of the analysis would be on EPC/DPC grounds.
Wait a minute, wouldn't the EPC analysis just adopt the same sort of analysis as N&P since it's rational basis review? and then it would end up passing b/c lolrationalbasis.