National Federation of Independent Business v. Sebelius (2012) upheld Obamacare as a legit exercise of the federal Taxing Clause, but held that it could not be upheld as an exercise of the Commerce Clause because the choice NOT to buy health insurance does not constitute action in interstate commerce.
Query: Can a federal authority regulate demand response—that is, getting people to REFRAIN from buying energy/power in interstate commerce?
(Note that in Federal Energy Regulatory Commission v. Electric Power Supply Association, et al. (2016), the Supreme Court upheld FERC's authority to regulate demand response under the Federal Power Act. This was a case of statutory construction, not constitutional construction.)
Admittedly, this is all more a matter of legal analysis than economic analysis, but Kiesling may nevertheless have an opinion on the matter.
Unrelated question:
National Federation of Independent Business v. Sebelius (2012) upheld Obamacare as a legit exercise of the federal Taxing Clause, but held that it could not be upheld as an exercise of the Commerce Clause because the choice NOT to buy health insurance does not constitute action in interstate commerce.
Query: Can a federal authority regulate demand response—that is, getting people to REFRAIN from buying energy/power in interstate commerce?
(Note that in Federal Energy Regulatory Commission v. Electric Power Supply Association, et al. (2016), the Supreme Court upheld FERC's authority to regulate demand response under the Federal Power Act. This was a case of statutory construction, not constitutional construction.)
Admittedly, this is all more a matter of legal analysis than economic analysis, but Kiesling may nevertheless have an opinion on the matter.
Sadly, it's too legal an issue for me to have anything thoughtful to say 🙂.
The vertically integrated, publicly owned and operated model is hard to beat, as we see in China.