so south dakota v. wayfare stems from the south dakota statue passed in 2017 to allow the state to compel online retailers to collect state sales tax on sales made to south dakota residents. the bill had a few stipulations, and namely that the only companies, only online retailers are forced to come ply with this are those with sales over $100,000 or with more than 200 different transactions to residents in the state. those were the only companies that fell in the purview of this law. and, so only kind of larger online retailers were affected and wayfare and retail stock and new egg which did not comply with the law originally citing a 1992 precedent in quail v. north dakota, which actually made it illegal for states to force online retailers to collect sales tax unless they had a physical presence in the state. so, this is essentially has allowed ecommerce companies and other online retailers to avoid collecting sales taxes, and kon s consumer s who shop online are still technically required to pay a u

south dakota with a 37 million national standard. it doesn't have to be that high but at a level by sales or employees that truly takes into account the businesses of the size and the sophistication of the tax department and how they can fix that and as part of any federal legislation leaving a small businesses out of the complete the money isn't in the micro small businesses and what they do online. with wayfarer the exception the top retailers online currently collect in all 50 states justice robert in his dissent said 86 of the top 100 collect so they are out there that isn't an argument for ebay. small howler exemption is mandatory and if we can get to a place where it was a real number and we can get to a much easier place and how to find a permanent bill. >> great. i want to be time for audience questions before we get to that we would be remiss if we did not talk a little bit about justice kennedy's departure from the supreme court today. obviously he wrote the majority opinion and now everybody is on the edge of their seat wa

forgive me, but i don't remember the name of the fourth defendant in the south dakota case. remind me who that was. thank you. if i recall correctly, systemax was in this lawsuit, and south defamatory for judgment, and they said ok, we will comply. my understanding was they started complying essentially overnight. i realize your response may be there are huge companies versus the small businesses we are concerned about, but it is possible for companies to start complying, particularly with the streamlined tax agreement. there is software paid for by the states. it's not perfect yet, but the idea that we need a moratorium is pushing the envelope too far. >> when wyoming passed an identical law to south dakota's, based on the experience they hadn't south dakota, systemax said we need six months daesch south dakota, systemax said we need six months to a moment this and they gave it to them. think of small or midsize companies that need to have the accounting staff, the software, the integration, and especially as we are now entering the fourth quarter, which for many is their ma

businessbout a small in south dakota might be different than a small business dakotas, because south has a different population. but to that small business, it does not matter how big the state is. it matters if they are being competed against unfairly. it is government choosing winners and losers through tax policy. we want tax fairness. we want all businesses to play by the same set of rules. if they play by the same set of rules, they can compete effectively. that is what is happening with small businesses across the country. of employees work for small businesses. they are the engine of our economy and that is who we are elected to represent. the time for the gentlewomen has expired. pincus: just a couple of points. briefsyou to look at the that ebay filed, that a number filed discussing the real world ordinance on those online small businesses from having to comply with multiple state tax regimes. i think in this level playing field argument it is important to realize that there are advantages and disadvantages to each. a brick-and-mortar business has customers that walk in, the

even for south dakota. and if that level of connection were sufficient for south dakota, one of our least populous state, then a much larger amount must be required to permit new york or california or texas to require tax collection. even if the level of business factor is satisfied, the supreme court indicated in wayfair that tax collection can be unconstitutional based on the burden of a small business complying with multiple states' different rules. in other words, a small business can't be forced to comply with 20 different complex tax collection requirements, each with an accompanying audit risk, even if it does some amount of business with customers in each of those states. and finally, wayfair didn't address the separate constitutional protection for small businesses' due process clause that requires a more substantial and direct connection between an out-of-state business and a state imposing a regulatory obligation such as a tax. the small business has to purposefully avail -- that's the language t

he lives in south dakota. i am here to sing the praises of a local hero south dakota journalist named seth tupper from the south dakota journal because he tracked down a proposed order of cooperation between maria butina and federal prosecutors in south dakota, an offer that dates back to may of this year. maria butina was apparently considering offering testimony or evidence to federal prosecutors for their investigation of her supposed boyfriend in south dakota. she was offering the u.s. attorney in south dakota or considering an offer from the u.s. attorney in south dakota she would cooperate with them in their investigation of her supposed boyfriend. depending how things worked in that particular relationship that would seem to bolster the prosecution's case maybe this wasn't true love, if she was talking to prosecutors about what evidence she might be able to give them against her guy. well, her guy, this american man, has not been charged with anything as far as we know but he has been described in court

the court did not hold that the south dakota transaction tests were sufficient even for south dakota. at that level of connection, then a much larger amount must be required to require tax question. -- collection. a tax collection obligation can still be unconstitutional, based on the burden on a small business of complying with multiple states and the different roles. in other words, a small business cannot be forced to comply with 20 different complex tax collection requirements, each with an accompanying audit risk, even if it does some amount of business with customers in each of those states. finally, wayfare did not address a separate constitutional protection for small businesses, the due process clause, that requires a more substantial and direct connection between an out-of- state business and a state imposing a regulatory obligation such as a tax. a small business has to purposefully avail itself of the benefits of the states market and loss. sales to customers in the states are not sufficient. we do not know what the constitutional rule is, but nonetheless, as you've heard,

good afternoon, my name is scott vanderwall, i am a farmer from south dakota. we have a family operation where my father is still involved at 82 years old and likes to do the feedlot chores when he can. my sun is there learning to manage probably earlier than he would have because i'm doing things like this. it is good for him as well. i serve as the president of the south dakota farm bureau and the vice president of the american farm bureau association. i will focus on the growing concerns of farmers and ranchers across the country due to the impact of terrorist on farming and -- on tariffs on farming and ranching. we are facing a lot of challenges right now. in 2014 the american farmers income has fallen 52%. farmers are dealing with shifts in the commodity market because of trade and tariff threats. they have survived by expanding their operations. today that operation is fairly untouchable because of the lack of qualified label -- labor and access to land. the ingredients of this perfect storm create threats, -- trade threats, lower income, and no or -- and

what producers in south dakota will tell me, and i spent a week back in south dakota, their message wasve the president is doing what he believes is right. we want him to succeed. but he's got to understand that we're at the tip of the spear right now and time is of the essence for us and time is running out. tell us what your game plan is. tell us what you want to accomplish. give us some confidence that this is going to end well. and i think that's the message that we're trying to share is, is heads up, this can't go on for an extended period of time without assuring our ag producers that they're not going to be ones that are going to take the brunt of this. it's been five years with falling ag prices. the ag income in our part of the country is down 50% in the last five years. so now to have them at the tip of the spear and seeing soybeans down, corn down, wheat down, and no end in sight, that's got a lot of people that are very strong supporters of the president, it's got them concerned. >> how concerned are you that the president's antagonistic rhetoric with our allies, even with c

i'm a farmer from south dakota. we have a family operation as representative mentions where my father is still involved at 82 years old and my son learning to manage probably earlier than he would have because i'm doing things like this. it's good for him as well. i currently serve as president of the south dakota farm bureau and have the honor of serving at the vice president of the national farm bureau cooperation. >>> our farmers are facing a lot of challenges right now. since 2014 the american farmers' income has fallen 52 %. now farmers are dealing with big shift in the commodity markets because of trade and tariff threats. throughout history some farmers have survived by expanding their operations. today that option is nearly untouchable because of the lack of qualified labor and access to land. the ingredients of this perfect storm trade threats, lower income, lack of labor and possibly no farm bill will be more than many farmers can handle. we need congress and the administration to remember that agriculture

south dakota basically manufactured the supreme court case. they said that didn't make since so that was directly contrary to what the law said at the time. if you engage in more than $100,000 in transactions and sales to folks in south dakota, you've got to pay -- you've got to pay -- the company's got to collect sales tax. and in 1967, they said you have to pay the use tax. if you bought from amazon the book, the state could say, you the buyer are under an obligation to pay the tax, but in some states enacted such laws but nobody followed them. so in south dakota, the axis law, it's obviously challenged right away by retailers on the ground that it violated quill and national ballas and goes to the supreme court on the national basis. now, south dakota basically says that bella haas is basically legal formalism. it's when there was rigid, formal rules for thinking about the dormant commerce clause but the supreme court moved away from that into something more flexible in a case called complete auto. and that was basically the touchstone that

joining us now to discuss this and other big questions, a republican from south dakota, thank you for being with us, i'm sure when you went to bed, you did not expect to have this cape come out. i would like to know if you could ask the president one question about what you heard on the tape, what would it be? >> i would immediately speak about tariffs and other critical things in front of us. >> i agree, but when you hear this tape, you hear the president talking about this deal to buy this information. this is something they denied having any knowledge of, but clearly the president knew about this, does this raise any questions at all for you about his honesty? >> there was no surprise. there is no expectation that that wasn't the case as far as i was concerned. so once again, look, in dask right now when we talk about what the issues are, the senate is focused on policy. we're in the middle of a couple days before the end of the year, we're doing budget, we have cyber activity, flood insurance, we're focused on policy right now and some of the stories on the side, like this one for

south dakota manufactured this supreme court case. they said we think that doesn't make any sense in the age of the internet so they had their legislature pass a law which obviously was directly contrary to binding supreme court precedent at the time and the law said if you engage in more than $100,000 in transactions and sales to folks in south dakota you have to pay -- the company has to collect the sales tax. >> so it's obviously challenged right away by retailers on the ground that it goes to the supreme court on that basis. now south dakota basically says that the 1967 decision is basically legal formula. so it's when there was ridged formal rules for thinking about the dormant commerce clause but the supreme court really moved away from that and to something more flexible in a case called complete auto and that basically was the touch stone for dormant commerce clause is it going to burden interstate commerce or discriminate as opposed to the ridged is there a physical presence requirement or not. and in 1992, the supreme court

i'm a farmer from south dakota. we have a family operation as representative mentions where my father is still involved at 82 years old and my son learning to manage probably earlier than he would have because i'm doing things like this. it's good for him as well. i currently serve as president of the south dakota farm bureau and have the honor of serving at the vice president of the national farm bureau cooperation. >>> our farmers are facing a lot of challenges right now. since 2014 the american farmers' income has fallen 52 %. now farmers are dealing with big shift in the commodity markets because of trade and tariff threats. throughout history some farmers have survived by expanding their operations. today that option is nearly untouchable because of the lack of qualified labor and access to land. the ingredients of this perfect storm trade threats, lower income, lack of labor and possibly no farm bill will be more than many farmers can handle. we need congress and the administration to remember that agriculture

the case is called south dakota versus wayfarer. it is interesting in its own right because it had enormous implications for the economy, but it has a lot to say about stare decisis. particularly as we think about the confirmation hearing, justice kavanagh will loom large. you see rival perspectives on how to think about precedent. you have this 1992 supreme court case called quill. in quill, it stood by the supreme court decision called national ballast. the court said in 1967 that states can require a retailer to collect sales tax if that -- sales tax only if that retailer has a physical presence in the state. so amazon for years had no physical presence, now they have these bookstores and stuff in bethesda, but before that they did not have any. so you can buy from amazon and didn't have to pay the sales tax you would have to pay for the very same book if you bought it from politics and prose, or wherever. so there was a disparity. ll was decided in 1992 and certainly when national ballast was decided, the interstate economy was

thend our fourth witness, president of the south dakota farm bureau, vice president of the american farm bureau federation. and i would yield to representative nome for additional comments. >> i am proud to introduce my friend and fellow south dakotan to everyone today. i think it is imperative when we have these discussions that we have folks testifying who live the reality of these tariffs and the retaliation we are seeing. scott has long been a leader for agriculture around the country, and his farm and ranch is about 45 miles south of my ranch. i have known him for many years, and have appreciated his leadership not just at the state level, but at the national level as well. him and his wife michelle have been very active. they raise corn and soybeans and have a cattle feeding operation. i'm grateful he's here to tell his story, but also the story of what every single stop the coda farmer --south dakota farmer is going through. >> our fifth witness is co-owner cattle,eneck landing president of the montana grain growers' association. our sixth and last witness, jared bernstein, senior

south dakota basically manufactured the supreme court case. they said we think that does not make any sense. they had their legislator pass a law which was directly contrary to finding president at the time. the law said if you engage in more than $100,000 in sales to folks in south dakota you have to pay and they have to collect sales tax. the supreme court said you can force individual residence to pay a tax if you bought from amazon. the state could say you the buyer are under an obligation to pay the tax but in some states nobody followed them.>> is challenged right away by retailers on the ground that it violates the national ballot. south dakota basically says the decision is basically legal. it is when there was rigid former rules for thinking about the commerce clause but the supreme court had it moved away to something more flexible. complete auto was the touchstone for the commerce clause that asks what effect is the tax. is it going to burden interstate commerce as opposed to the kind of rigid is there a physical presence requiremen

generally large out of state companies that were selling in south dakota. under existing supreme court case law, they concluded that states could not under the u.s. congresses tax companies that had no physical presence in the state. the wayfair decision overruled those past cases and concluded a state could impose a tax on a company without a physical presence in the state as long as the company meant other requirements including a substantial nexus in the state and that opens up the possibility under the constitution to tax out of state or out of city companies. >> supervisor cohen: i appreciate that summary. supervisor fewer i see you name. >> supervisor fewer: thank you chair cohen for bringing these forward. one of my concerns with the cannabis taxes is there is a significant importance of this industry that exists on the black math and i think we should bring them into compliance and off the black market -- will help with this goal. i appreciate that this will grant the board of supervisors the flexibility to reassess these rates in 2021 as these indu

how about 1600 miles away from the california coast to beautiful and sunny sioux falls, south dakota is a 25 hour drive or three hour flight away. >> not too far away. yesterday hanks shared praise for a book called "our towns" may move to sioux falls, at least visit. it says rapid city, too. and he signs it "hanks", now south dakota's lone representative responded by making a pun-filled push for the mt. rushmore state saying you're right, tom hanks, we are in a league of our own. we have many green miles, but the burbs are nice too. it's a big state, but once you get to the terminal, we'll make sure you can do that thing you do. >> wow. >> ba-dum bum. she's on fire. >> she made quite a splash! >> oh! >> she forgot philadelphia, oh, wait. >> that's a different state. >> and checking by the way, the community calendar in case you're curious, in sioux falls, you may want to try out the move it or lose it low-intensity workout at the aquatic center, and pinochle on tuesday at 1:00 and 5:00 p.m. >> and if that doesn't get you to move to sioux falls, south dakota, i don't know what does.

attorney and federal prosecutor in south dakota. from the transcript, mr. kennerson as the prosecutor says, it's my understanding miss butina's case offer is one in which she was not a subject. u.s. person one is the subject. the judge said, what is the basis of your contention if that is so? the prosecutor says, it is in both conversations with counsel and with the fbi agent who is in south dakota. this appears to be the first direct russia collusion indictment we have seen in this whole scandal. u.s. persons accused of knowingly conspireing with agents of the russian government in a secret influence operation designed to affect politics in the 2016 campaign. the accused russian agent in this alleged scheme is now being held without bond. the unnamed american alleged co-conspirator apparently thought he had a real girlfriend here. prosecutors say he did not. there is also apparently another federal case, another fbi investigation already unfolding related to him, where he lives in south dakota. lots more shoes to drop there. the other important person in t

for a moment south dakota. second. place got some good news. to. the brits took. the brunt flight. zero zero. zero laying blame us blame smug to the sky and sent a ladies let's say good job it means. a lot. looks good doesn't claim. to my mind the brain told my. kids. to. play my young players play but. this guy as slaves would say good. music. players luck premier. league management. a loser. thanks. but the goodness of that. beat. will soon soon. because. there's no confusion says the old coot steam coming out. to some ugly. movies like. the beach moving my sibs you see the be smooshed some feel you feel the becoming the body of god so yeah flu views. cohen. would move you move slow food. clothes move a few so home movies. movies slow for the by any means the banks of food to see what needs to must submit the budget the broadcast submit move. move. move move move move move. smooth. move move move now move. to spain and. the bronx. you slowly move. seems let me see. the boots move to keep up the big news in the front. moves of the box but the big. move. the book the moves the floo

when the democrats were strong with dick gephardt was from missouri when tom daschle was from south dakota ok when they had leadership from the middle of the country now the republicans who they have on their leadership team the food from south dakota right ok they connect with the middle of the country that's the way the map is it's going to be hard to break into that you better start talking to these folks about jobs you better have the democrats better start talking to them about their future instead of keep pounding on these red herrings about well the best thing we can do is hope for the russian investigation so we can impeach trump that's not a plan for america and in a recent rolling stone article you laid the blame of this this you know the brink of world war three not on donald trump or the war hawks like john bolton but really essentially on all of us why why did they are many purposely blind or just naive to the dangers and reality of what an actual world war is. it's odd i don't know it's some of it must be a generational thing i mean obviously my generation grew up with the da

from south dakota ok they connect with the middle of the country that's the way the map is going to be hard to break into that you better start talking to these folks about jobs the better the democrats better start talking to him about their future instead of keep ound ing on these red herrings about well the best thing we can do is hope for russia investigation so we can impeach trump if that's not a plan for america in a really in recent rolling stone article and you really laid the blame of this this you know the brink of world war three not on donald trump or the war hawks like john bolton but really essentially on all of us why why to day are many purposely blind or just naive to the dangers and reality of what the actual world war is. it's odd i don't know it's some of it must be a generational thing i mean obviously my generation grew up with the day after ninety nine loons you know the whole idea of whether it was fake an extra real lens we all grew up with this idea of you know nuclear war could end and humanity at any second and i think in the sort of posts. you know end of

which of the following us states have no individual income tax the last the florida of the votto south dakota texas washington or wyoming which ones have no state individual tax the answer right after a break will be that. you know world's big partners. mark and conspiracy it's time to wake up to dig deeper to hit the stories that mainstream media refuses to tell more than ever we need to be smarter we need. to stop slamming the door on the shouting past each other it's time for critical thinking it's time to fight for the middle for the troops the time is now for watching closely watching the hawks. counting firms the banks the rating agencies the government and the central bank it's called a racket the u.k. profits from it and some late that's how the aristocracy keeps going and that's not going to stop. welcome back the answer to our quiz question which of the following states have no income tax alaska florida vaga south dakota texas washington or wyoming the answer is actually all of the seven listed none of them have individual income taxes did you get it right it's sort of a trick quest

you which of the following us states have no individual income tax the last the florida nevada south dakota. texas washington or wyoming which ones have no stake in the visual effects the answer right after a break will be back. they're not going to come out on other than not are not going to get that cut out of the mouth of the money that they let actually. this was a good time to. try to move their i'm. not down the line definitely not why not act and then again why exxon and the old people we believe this will be a. lot of my kids i don't want them up with john even a lot of them on the totem other how do you suppose there were a lot of them and i'm a little like community old enough to want to think i don't want to put out a look at my worst party when i don't know them other brother dick. you know world of big partisan logs and conspiracy it's time to wake up to dig deeper to hit the stories that mainstream media refuses to tell more than ever we need to be smarter we need to stop slamming the door on the bats and shouting past each other it's time for critical thinking it's time to fi

i guess they lived together in south dakota perhaps or shared some sort of -- >> right.totally willingly on her part but she felt this was part of her obligation and duty. >> she wrote this e-mail to him at the time to sort of like ask him am i wording this correctly? it was sort of to get his -- is he witting or unwitting here? >> we don't know. there's good reason to believe he's under investigation himself by federal prosecutors, and i think one goal is to get her to flip on him about what he might know. but i do think torshin is the key. i think he's the ultimate target here. he's been sanctioned by the u.s. one other thing we should mention, remember, butina, for all the work she's doing, did one big service for the kremlin. july 2015 just a few weeks after trump announces his candidacy, he goes to freedomfest, this libertarian event in las vegas, and takes a question from the floor from butina. what would be his position on sanctions that are damaging both countries, and trump gives this full-fledged five-minute answer in which he says if i'm elected, you won't nee

i have to go to steve in south dakota steve? >> caller: how's it going?we have a good tie-in for south dakota what's up? >> caller: yeah, you do. you have a very good one in south dakota what's your take on cisco systems. i see they're switching up their business model and prescription stuff. i also see they're facing some pretty stiff competition so what's the take on them going forward? thank you. >> look, i think cisco is a very good article in the journal about all the things chuck robinson has done right. i think people ought to read it. 3% yield and they were hurt by prices which came down so therefore their prices are going to expand. josh in new york, josh >> caller: hey, jim, big fan how do you feel about herbalife heading higher >> i think herbalife lets just say easy money, though the hard money if you were fighting it at the time there is unbelievable book, you will know that the hard money turned out to look like easy money because writing for carl icahn. i think the trade done i need to go to richard in colorado >> caller: hey, i'm a big fan

news i was committed she said let's focus on some new sax players on the so-called change to south dakota's confidence boost side by the first. place people had put big dreams on the big screen. claim movie magazine on the dummy of. climate change the bush tax. and isn't it time for good. eco. in africa people and projects that are changing fire meant for the better it's up to us to make a difference let's inspire other. people with the fireman magazine. d.w. . drive it's the d.w. motor magazine on this edition where cars fly the world rally cross championship in sweden. although not for it we tested out each tron prototype. and so forth jennifer ford focus.

. >>> the house held a hearing looking at the implications of the supreme court decision in south dakota v. wayfair. states can charge sales taxes from online retailers without a physical presence in the state. lawmakers focused on the impact on states and small businesses. watch this tonight at 8:00 eastern on c-span3. also online at c-span.org. >> this weekend on oral histories, the first of our eight-part series on women in congress. sunday at 10:00 a.m. herein, former congresswoman susan malinari. >> it made me a fighter and forced to be tougher. isn't that just sort of the secret? at least it was back then. we were constantlying with underestimated as females. and sometimes that's a good thing. i remember a lot of my debates where a lot of the people who i was debating department take me serio -- didn't take me seriously. >> and in the weeks i ahead we'll hear from --

now senators i hawaii and south dakota havece introdu a broadcasting alerts to these gpopular streamces as well. and they should absolutely. so many people are watching >> very important these days. definitely things like that. all right, stay cool. >> yes, stay cool. nice tomorrow but the hidity and then the rain chances increase as we head into the weekend. >>ll right. >> you've been informed. >> thanks for join, uat tonight 6:00. >> 5 at 6:30 is up next. >> ♪ >> ♪ l happy thursday. goittle breaking news tonight. amid the backlash the white house announced a short time ago the president invited vladimir putin to washington and his u.s. intel chief >> it's stunning to see the video. we'll show it to you shortly. as you can seeyhis is one of the things we're talking about tonight at 6:30. let's get right to itre >> we have someaking news. the white house hadou anned on twitter that vladimir pomin ising to the white house in the fall. >> say that aga [laughter] >> you -- vladimir putin coming to the -- >> did i hear you. >>eah, yeah. >> okay. >> yh. >> that's going toe sci