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Justice Brandeis finds no basis in the Constitution for the federal courts or
Congress to have the power to declare substantive common law rules for a
state. He seems to find no constitutional power for Congress to declare
commercial law at all that would be binding on a state. Since the
Constitution does not confer this power upon the federal courts or upon
Congress, Justice Brandeis seems to come to the conclusion that this power is
reserved to the states by the Tenth Amendment.