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Specifications are written to stipulate an article of commerce, and the identity test chosen should be applicable for that article of commerce.
In the landmark case of City of Philadelphia v New Jersey (1978), the United States Supreme Court ruled that solid waste is an article of commerce, and transportation of this commodity is subject to the Commerce Clause of the United States Constitution.
It renders children an article of commerce as well.
The Court, in finding for the federal government, held that the DPPA was a proper exercise of Congress' power under the Commerce Clause because "drivers' personal, identifying information is, in this context, an article of commerce, its sale or release into the interstate stream of business is sufficient to support congressional regulation.
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