joining from salt lake city is the chairman and ceo of overstocked of calm, patrick byrne. mr. byrne, why shouldn't online retailers such as overstock .com collect sales tax for states? >> there's a constitutional argument and policy argument. what you want to hear first? constitutional argument is this was taken of 20 years ago by the supreme court with regards to quell which is an office supply retailer north dakota and illinois, north dakota one after them. they had to collect taxes, have an early computer program you can go online and check in order things a lot like a website. it went when north it would try to get them to collect taxes once the supreme court found 8-1 in north dakota that under the article 1 of the commerce clause of the constitution commerce clause has the right to regulate regulate interstate commerce and that has been inferred with a call the durbin duty to dormant commerce clause which is the state has the right to impede or burden, the supreme court found h-1 to force and hosted retailer violates the constitution. they left open to the u.s. and the p

patrick byrne, the ceo of overstock.com, and be scott peterson of the streamlined sales tax governing board explain their differing views. >> host: well, one of the issues bewitching state governments with tight budgets, local retailers, national online retailers and now congress is the issue of internet sales tax. that's our issue this week on "the communicators." joining us from salt lake city is the chairman and ceo of overstock.com, patrick birr. gautham georgia again of "the hill" newspaper is our guest reporter. why shouldn't online retailers collect sales tax for states? >> guest: well, there's a constitutional argument and a policy argument. which do you want to hear first? >> host: go with both. >> guest: okay. constitutional argument is this was all taken up 20 years ago by the supreme court with regards to quill which is a office supply retailer. north dakota went with after them trying to -- it was based in illinois. north dakota went after them, people to have -- them to pay taxes. you could go online, order things, so a lot like a web site. north dakota tried to get them

patrick byrnes shall the c.e.o. of overstock.com and scott peterson of the sales tax governing board explain their differing viewings. one of the issues bewitching state governments is local retailers and national on-line retailers and now congress is the issue of internet sales tax. that's our issue this week on the communictors. joining us is the chairman and c.e.o. of o.co. and the sales tax that could be collected p for states. >> there is a policy argument. which do you want to hear first? >> go with both. >> ok. constitutional argument, this was taken up 20 years ago by the supreme court with regards to quill, which was an office supply retailer. north dakota went after them. it was in illinois and north dakota went after them, people to have to take them to collect taxes. they had an early computer program. you could go on-line and check in and order things, a lot like a website. when north dakota tried to get them to collect taxes, it went to the supreme court and the supreme court found 8-1 in the case that