john, she will never see an endorsement of the nfib, but can she be a candidate for moms and pops? john: she is cutting red tape, apple pie, cherry pie, pumpkin pie, and expanding growth abroad. she is not seen as a left-wing democrat. and she is not a bad candidate for main street, potentially. more so than a lot of democrats. she will always be remembered as the candidate of clinton care and an endorser of obama care. there are few places where those things are less popular than in the small business community. >> there is a different kind of business community, small businesses started by members of the coalition. they know that this allows her to be in business. get her away from the far left stuff she has been talking about. small business people have been frustrated in the current economy. and to speak in a targeted way. younger people starting small businesses, i think it's great. >> to add further to that, she talks about entrepreneurs. they are talking directly to silicon valley. the next generation of voters and the money that she needs. >> i left off the small business c

standards for criteria for determining a tax, this certainly is not one referring to the criteria and the nfib case, this is not in the internal revenue code, not collected by the internal revenue service it is not -- there is no tax authorized by congress. the proceeds of the tax do not go into the general treasury. this is not -- >> it didn't happen that way in leonard either. the court was basically saying the government could do this because this is a good -- as long as it can meet the pen central test, that there is some nexus between the government's goal and the regular -- and the regulation, then it is okay. now, there they use it to fertilize oyster bonds or refertilize the oysters. here they're doing it to maintain prices and giving you whatever -- whatever is left over on the reserve. >> the fact of the matter is that the oysters belong to the state of maryland and when the state of maryland decides to allow fishermen to harvest the -- >> you told me where in leonard that was discussed? >> it is -- i would be very happy to file a supplemental brief with the maryland citations indica

standards for criteria for determining a tax this certainly is not one referring to the criteria in the nfib case this is not in the internal revenue code or collected by the internal revenue service there is no tax authorized by congress. the proceeds of the tax do not go into the general treasury. this is not a tax. >> but it didn't happen that way in leonard either. what the court was basically saying was the government could do this because this is a good in commerce. as long as it didn't mean the penn central test that there is some nexus between the government's goal and the regulation, then it's okay. now there they used it to fertilize oyster ponds or refertilize the oysters. here they're doing it to maintain prices and giving you whatever is is left over on the reserve. >> the fact of the matter is that the oysters belonged to the state of maryland and when the state of maryland decides to allow fishermen to harvest the -- >> can you tell me where in leonard it is discussed? >> i'd be happy to file a supplemental brief with the maryland citations indicating the oysters belonged to t