reach beyond the commerce clause. i think if you look at the necessary and proper clause, it gives congress the authority to regulate anything that is necessary to the underlying otherwise constitutional regulation. comstock is one of the most recent commerce clause cases. it looks at five components. several of those failed here. one is the federal involvement has been limited with regards to -- >> i'm glad you brought up comstock because that's an interesting application of the necessary and proper clause in the context of here and i'm still having some trouble determining what the right was there in that case. but that's another question. here i talk about the right in a comprehensive scheme that exists here why not in this context, it's an activity-inactivity if it's part of this necessary and proper clause and congress has the authority to do this? >> if you look at justice kennedy's concurrence in the case. there was no designated enumerated power in the first case. if you look with respect to the adam walsh act

>> on people relying on the commerce clause? >> uh-huh. >> yes. >> do you think it's the predicate. >> it depends how you interpret it as judge wynn said and some of the commerce cases could be characterized as forcing people into the market, forcing people to buy wheat in wickard and forcing people to serve. and in this landmark and in some ways unprecedented legislation. i think the answer is yes. i mean, this is dealing with a massive social problem on a big scale. >> what about -- >> and get it resolved by social principle. >> what about your militia example? was that raising an army or a commerce -- >> i think president washington didn't specify which power he invoked with the militia act. but i do think that the militia act does provide some -- an example for the court to use in seeing the government, requiring the purchase. and as mccullic said the test is not which specific clause was invoked, whether it was militia or commerce. it's rather in deciding whether it's necessary and proper. the court can look to all sorts of

the commerce department really needs to, through its messaging and through it activities and through s personnel spread across the country, integrate well with businesses to push exports to the four corners of the globe. there are all sorts of barriers, nontariff barriers, regulatory barriers, taxes, difficulties we face, and the commerce department should be our ally in breaking down those barriers. >> host: go ahead. >> host: sorry. we've seen a lot of names floated, ron kirk, even former google ceo eric schmidt, the fcc chairman,çóÑvó julius genachowso you have any thoughts on whether someone from the private sector is better? >> guest: the better choice would be someone from the private sector. i think the white house gets this. perhaps a ceo that has run a multi-national company that knows the in thes and outs of how tough it is to generate revenue, to make a profit, to make personnel decisions. that would be a positive choice, a

a represents the outer edges of the commerce clause. e, our clients cannot choose to be unregulated. >> explain this statement to me. the regulation of an interstate activity may be essential to a comprehensive regulation of interstate commerce even though the interstate activity does not itself substantially affect interstate commerce. >> if you have an act here, it is not looking a substantial effect. nonetheless, it is essential to the proper regulation. is that not the issue here as to whether this inactivity or what ever you say about it is essential? >> no, your honor. you have a limit. first of all, you have to have a comprehensive scheme of. >> what you mean by limits? that is far as the supreme court has decided. that is what i mean by the outer limit. in this particular case, it is certainly beyond it. and when we come back. >> the comprehensive list of regulations. >> pardon me? >> there is a comprehensive scheme here? >> there is not a comprehensive statutes. we are focusing on the individual mandates. >> it goes back to when

the commerce department says first-quarter g.d.p. came in at 1.8%, that's down from 3.1% at the end of last year. new claims for jobless benefits reversed course this week, rising when a drop was expected. the labor department says new claims rose by 10,000 to a seasonally adjusted 424,000. a federal judge in wisconsin today struck down a controversial state law that stripped most collective bargaining rights from public workers, but that may not be the final decision as wisconsin's supreme court takes up the issue next month. still ahead, friending your utility company, or how the concept of social networking can help businesses save big money on energy. it's tonight's "planet forward." >> tom: the vice president and a bipartisan group of congressional negotiators met for a little over an hour today. they're working to hammer out an agreement to cut federal spending and raise the nation's debt ceiling. time runs out in early august. lawmakers in the talks say they

right now states have a long a tradition of imposing a protectionist law on the commerce. right now in all 50 states it is illegal to buy a car from the automobile producer. so while we can go on line and by a computer from dell or h-p, we can't go on line and by a car from general motors of the we can do that and other countries of europe and brazil you can buy a car from general motors but you can't in this country because car dealers have gone to state legislators and they've been able to pass a protectionist bloc. selecting we've seen clear evidence states are willing to do these things that will defeat to harm the overall economy and therefore that's why we support this legislation that would not prohibit states from paying taxes on but making sure that taxes are not discriminatory and not duplicative. so thank you very much. >> you are recognized for five minutes for an opening. >> thank you for the opportunity to address the subcommittee concerning the digital goods and services fairness act of 2011. i'm testifying on behalf of the federation of tax administrators, t

. >> host: mary bono mack is the chairman on commerce manufacturing and entry. also joining us, juliana gruenwald, tech and telecom rider writer for the "national journal." >> guest: high congresswoman. what type of notification should they have made requiring users to seek information themselves quite what would what would youe them to have done? >> guest: well of course i would have liked to, to me it seems they could've let people know it little bit sooner. they contend and others who contend that there is a timeline that they need to allow law enforcement to come in and to to do their forensic analysis on what actually happened but you also have to ask yourself, does in fact by giving them a lengthy time period put more people in harm's way? so i don't know that i can identify specific times or specific manner, but i can speak to the voices of the consumer who are saying wait a minute i have a right to know to know as soon as possible as well. in this day and age, you said passive versus active notification. not too many people would spend the time perhaps if

on another if you are on the commerce committee. no problem, i'll do a trade with the democratic. henry hyde sends a letter to speaker gingrich. the speaker approves it, i get the phone call, you've been approved, you are going on the judiciary committee. the next morning as i was drinking my cup of coffee i open up the "washington post" and there it is. the monica lewinsky story is all over the front page. and i was off to the races. what happened after that, i get back to my office. there were 20 tv cameras. i'm just vended. all of these people are shoving microphones. i'm here to beef up patents. they said you are a liar. it really was just a consequence. one the things of collecting memorabilia came back to helping. when i got to congress, the democratics who had been in a majority for years for out of power. one the senior detectives was john conyers. i spent many years when i saw conyers sitting alone. i'd want to talk to him about his years of service. he was the only living member of congress still serving who actually served

this act forces inactive bystanders into the stream of commerce. the act does not regulate the channels of commerce. >> how do you define and activities? >> in every single case, your honor, that has dealt with the common problem, even with the whicker case, regarding the growing of marijuana, there is always some kind of act of the station on behalf of the individual. it is indicative, for example -- he could have employed regulation if he did not plant or cultivate or grow or harvest wheat. >> thank you for that transition. . as thelooding hits a high mark in memphis. live coverage on c-span3. >> if y'all are ready. [ banging gavel ] >> good morning. i would like to call the subcommittee to order. the purpose of this meetinis to review the coast guard budget and priorities for the coming year. i welcome admiral robert papp to discuss these issues. i thank you, admiral, for being with us today. i'm joined by my ranking member, senator coates and senator lautenberg. this is your first appearance before the subcommittee. welcome, and congratulations

it is a matter of finding the fine lines to protect the consumer and enable enhanced e commerce. we want to make sure we are doing our best to protect consumers but not get in the way of e commerce. >> could you foresee federal requirements for e commerce committees -- for companies such as sony? >> many would argue that it will simplify things to have one set of rules to play by rather than a patchwork the wait at least 40 states are doing it. some would say the states should still have the ability to do more if the federal government does not do enough, but that would be the approach. >> is your approach a bipartisan approach? >> there is directed bipartisanship on it. it would be my goal to get through the republican house and the democratic senate. i anticipate a very good bipartisan product recall >> the bill that was introduced last year would require an adequate level of security and notification of a data breach. based on a hearing yesterday, is there is anything you would tweak our any concrete ideas that need to be added to that bill at this point? >> there were some gre

we are asking what the commerce clause is about. the conduct that is being regulated, does it have a substantial effect on commerce? there were specific findings that when people self finance the health care, it raises the cost to you and me. the total for uncompensated costs is $43 billion. that raises the average family premium by thousand dollars a year. untold numbers of people out of the insurance markets altogether. what congress was doing, essentially regulating the method of payment by which health care, something that everyone seeks is going to be paid for. >> is about payment. it wasn't about consumption, it was about the payment? >> and broccoli example, depending on the way it is served up, if the question is, can congress for someone to buy broccoli, and does not a question you are dealing with. congress is not asking people to buy something they wouldn't otherwise by. everyone needs health care. >> there is always that concern that if we make a ruling here, does this mean -- the question is, are we dealing with is the r

the commerce department commerce department needs to drive hard on that goal. gary locke was terrific. he was a nuts and bolts governor. he understood how to push that forward and will be a terrific envoy to china given his background and chinese-american descent. the commerce department really needs to through its messaging and through the 70s and through its personnel spread across the country integrate well with businesses to push exports and to the four corners of the glow. there are all sorts of barriers, nontariff barriers, regulatory barriers, texas difficulties at at the pace entering foreign markets and the commerce department should be our ally in breaking down those barriers. >> guest: we have seen a lot of names u.s. trade representative ron kirk and former google ceo eric schmidt and julius genachowski. do you have any thoughts on any of the candidates are the type of person you think someone from the private sector is better or someone experience? >> guest: i think the white house gets this and that would hopefully be a selection. perhaps a ceo th

from the phone companies and you had testimony from cameron kerry was drunk there is your brother the commerce department and james baker from the department of justice and you saw a really kind of radical disconnect between those two it's a testimony you saw kerry acknowledging kind of consistent with the commerce department interested in forcing stricter consumer privacy rules but was badly outdated it didn't really protect a very well you know the expectations of privacy people actually have when they when they use these services and the d.o.j. saying no no everything's fine as it is because they like being going to run because they want their job to be made easier i guess right first i reasoned they think that they have a right to access all of our information when conversing it should be the opposite right we should have a right to our privacy to keep that information away from them so let's just really quickly break down what they're asking for now compared to what they already demand or how much information a lot of telecoms out there already collect on us i mean so part of the problem

we want to protect the consumer and also enable and enhance e-commerce. there's a very good chord that's been struck, so piggyback on that and make sure we're doing our best to protect consumers, yet not get in the way of e-commerce. >> host: could you foresee federal requirements for e-commerce companies such as sony? >> guest: well, i think the question would be federal requirements in lieu of all of the patchwork of state requirements. and many and i believe most would argue it would simplify things to have the one set of rules to play by rather than the patchwork of the at least 40 some odd states who are currently doing it. so the federal role would be probably no greater, and some would say the states should still have the ability to do more if federal government doesn't do enough. but that would be, that would be the approach. >> host: is your approach, congresswoman, a bipartisan approach? is there partisanship on this issue? >> guest: yes. there's terrific bipartisanship on it. my goal would be to get something between the house and the senate, bu

the commerce department was on tuesday that housing starts were down 10.6% from march. this is an annual 523,000 new units. it dropp housing companies have been scaling back on new construction due to the continued decline in home prices and an ample inventory of houses on the market. building permits were down by 4% by the month. these are considered an indicator of future prospects. the housing market is a major component of u.s. economy, but it it has not picked up in a sustainable manner. >>> on to markets now. tokyo stocks closed the morning session higher this wednesday. the nikkei index ended at 9,651, that's up 84 points or nearly 0.9% on the day. investors are placing buy orders on export-related shares. this is as the yen shows weakness against the dollar and euro compared to last week. concerns remain over a slowdown of the u.s. economy as share prices fell for a third straight day on wall street. this followed the release of worse than expected economic data. on the tokyo foreign exchange the dollar is being sold and the euro is strengthening on wednesday mor

we could about the business of our cities and in particular, i got to meet my very good friend, the commerce secretary i grew up with in seattle, washington and i applaud him for all of the money that they could possibly give us and we are already working on that and he said that china sf was one of the most integrated programs to ever -- innovative programs to come to the west coast. i got to meet the hud secretary and in the short time with all of the other mayors, we were able to talk about our building of housing at affordable housing and of the great partnership that we will have as the enrolls and has unrolled the federal homeless program at how that can match up with our program as well. program as well. we met with secretary -- and

you want to talk about you want to say well who is the man when you've got the chamber of commerce big labor leadership of the democratic party leadership of the republican party and the present united states in the federal government any act of this left all on one side and then you've got the vast majority of the american people on the other i know which side i'm not ok let me ask of course because from your mission page for you for us and civilization says it is ours and we have the self evident right and duty to work for the survival of our own culture and civilization. i i i didn't know that western civilization was. under such threat are you going to our survival is at stake come to a college campus i mean one of the of the fine wasn't it was i look at your website where we define it is is the if you could almost say it on the about oh ok all right first of all tell us how it in this context and what you're fighting for how do you define what it is that was asian what will be said referring to america specifically keep in mind we talk about the whole world referring to americ

i like to start by talking about the commerce clause. book, "keeping faith with the constitution" you wrote as follows, the court has declared certain subject off limits of federal regulation by attempting to draw a line between economic and noneconomic activity, referring presumably to the lopez and morrison line of cases. a line that looks much more like the oldest issue between what directly affects congress and what touches it only indirectly. in its incoherent and in advocacy in advancing federalism values. if the distinction drawn by the lopez and morrison cases, and the standard established by those cases, it is ineffective and incoherent, is this something that you quote and would employ as a judge? >> senator, as with all of the supreme court precedents, absolutely. i would faithfully applied that standard under the guidance and instructions of the supreme court. >> but what if it is incoherent, then what do you do? >> senator, i think the court grappled with that very issue in a subsequent case, gonzales case where they were --

we don't have the commerce we had in the old days. it has gone to oakland. we don't have the real site on the side of the bay. >> south of market has very unusual conditions, settlement. >> south of market, that particular fixture is at sixth street, which is right in the heart of this. some of the largest magnitudes of movement during the 1906 earthquake occurred in this area of what is called sullivans march, which it sullivans march, just south of market. not only did it solidify and saddle, but when the ground slopes, and actually flows and moves latterly. some areas of mission creek and sullivan's marsh, that was on the order of 15 feet. it was significant. everything you see south of market was built after the 1906 earthquake. the longer the time between the 1906 earthquake and the time of construction, the more likely people forgot about all the damage that occurred in 1906. so they were not as sensitive and perhaps cautious as they should be. many of these buildings that we see south of market, while they appear to be in excellent shape and are perfo

jonathan, from the commerce report of the operation, would you agree that the media contributes to -negativeperception of the public defender? >> law and order has been running for 20 years in various forms. the media reflects what the public wants. that is my first point. my second point is, i was a federal prosecutor. like any other federal prosecutor, i came to admire, respect, the impressed with the quality of work that public defenders did. the best lawyers in washington, d.c., los angeles. for the most part, those in the public defender's office for the best. the third is, you have a great product but you do not sell it. vkrmall of the media reflectiof defense lawyers come from those loudmouth, buckskin where ring, and absurd -- you know the type. barnum and bailey private defense lawyers who claim there is some sort of mission -- they are some sort of magician. that it would be beneath them to publicize what they do and how they do it. the only reason i am here -- i even pounded the table. i would like the public defender's office to do a better job publicizing their work. i agree wi

number three, ordinance amending the general plan by amending the commerce and industry -- ordinance amending the subdivision code to add the subdivision process applicable to the treasure island-yerba island site. approving the treasure island implementation plan. ordinance approving a development agreement. item number 9 resolution approving a disposition agreement for treasure island-yerba buena island. resolution approving the economic development memoranda for the transformation of the naval station to the treasure island authority. resolution improving the amended and restated home assistance agreement. item 12 resolution between the treasure island development authority and the california state lands commission. >> thank you. i think we may be expecting supervisor kim in a moment. we have a number of planning staff here to give a short presentation before we jump right into public comment. >> rich hillis from the office of workforce development. you have had this project before you several times, we wanted to highlight the items before you today. the project is an entire redo o

>> the interstate commerce has really skyrocketed after 1887, the interstate commerce act, and that was designed to control railroads because railroads run between states. okay. that's legitimate. it's kind of like a waterway, but then they got carried away. you know, there's a grain elevator over on that railroad, and because the railroad runs between the states, that means the grape elevator is a part of commerce. by the new deal what they argue is an astounding thing that a farmer in california who planted a crop on his own land in california does not sell it out of state, and the court ruled he's -- not the court, the roosevelt administration says he's engaged in interstate train because it effect prices outside the state. in that kind of rationale, there's no activity to be regulated by government because everything you do here in dayton affects bookstores in other states. you're violates interstate trade. it's outrageous. don't get me started on trust and antitrust because the whole thing is impossible to come up with a reasonable loming call way to approach this. if you undercut

implement the project. 2b is request for amendments to the general plan, including amendments to the commerce and industry element, community facilities element, housing element, recreation and open space element, transportation element, urban design element, land use index along with other minor general plan map amendments and adoption of the treasure island yerba buena island area plan. 2c is establishing findings of the consistency with the general plan and the city of san francisco and section 101.1 and city planning code and treasure island/yerba buena island. 2d is amendments to the san francisco planning code by amending section 102.5 and 201 to include the treasure island yerba buena island special use district and amending section 105 relating to the height and bulk limits for treasure island and yerba buena island -- and amending table 270 to recognize this district. item 2e is question for approval for the treasure island yerba buena island design for development document. 2f is request for amendments to the san francisco zoning maps by adding new sectional ma zn14 to show the zoni