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S. 204 (1983) (upholding residency need for social work opportunity against dormant Commerce Clause challenge)

S. 204 (1983) (upholding residency need for social work opportunity against dormant Commerce Clause challenge)

26 It is theoretically possible that the courts have upheld these delegations because the parties challenging them have repeatedly failed to raise the Appointments Clause. Examine White v. Massachusetts Coun. from Structure Companies, 460 U.which have Joined Strengthening and you will Design Positions v. Camden, 465 U.S. 208 (1984) (striking down residency requirement for public works projects as violation of Privileges and Immunities Clause). We would be reluctant to place the numerous delegations so upheld on such capricious footing absent a clear indication in the Court’s Appointments Clause jurisprudence.

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