Key Excerpt: Kaufman and Sotomayor on Congressional Regulatory Authority
Courtesy of CQ Transcriptions
SEN. KAUFMAN: Do you believe the Congress has the constitutional authority to regulate financial markets?
JUDGE: SOTOMAYOR: You've just raised the very first question that will come up when Congress passes an act. Because I can assure you, knowing every time Congress passes an act, there's a challenge by somebody.
SOTOMAYOR: As soon as it's applied to someone and in a way that they don't like, they're going to come into court. So I -- I can't answer that question.
KAUFMAN: I'm sympathetic to that. And I really should have phrased it -- I mean, just in general, not with regard to any case, anything at all, about Congress's constitutional authority to regulate financial markets?
SOTOMAYOR: Well, I can't answer that question, because it invites an answer to a potential challenge. What I can say to you is that Congress has certain constitutional powers. One of them is to -- to pass laws affecting interstate commerce.
And so the question will be the nature of whatever statute Congress passes, what facts it relies upon, and the remedy that it -- that it institutes. And so each -- the question would depend on the nature of the statute and what it's doing.
Read more of the exchange between Sen. Kaufman and Judge Sotomayor here.
Washington Post editors
July 15, 2009; 1:24 PM ET
Categories: Hearings , Supreme Court , Topics: Congressional Authority
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