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When a staate court opinion fairly appears to rest primarily on federal law, or to be interwoven with federal law, and the adequacy and independence of any possible state law ground is not clear from the face of the opinion, the Supreme Court will assume that the state court decided the case as they did because they believed federal law required them to do so. |
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The U.S. Congress has the power under the Commerce Clause to regulate employment conditions. |
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Congress may place monetary incentives and access incentives provisions consistent with the Constitution's allocation of power between the Federal and State Governments, but the take-title provision is not. |
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Congress may exercise its Article I powers to subject States to private suits in their own courts only if there is compelling evidence that States were required to surrender this power to Congress. |
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Congress cannot assert the Commmerce Clause over legislation that would otherwise be considered a general police power held by the States. |
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