Sunday, December 19, 2010

The Abuse of the Commerce Clause.

Today, the general meaning of the "Commerce Clause" in our Constitution is nothing like what our founding fathers intended it to be. The clause has been expanded way beyond the original meaning and abused to the extent of no return.
[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;
When our Founding Father's framed these words into Article 1, Section 8, Clause 3, of our Constitution they never meant or intended to give Congress a "blank check" on power. What they did intend, was to correct a injustice discovered in the "Articles of Confederation". Under these Articles, States would start trade wars and impose heavy and often times burdensome import duties/taxes. This is best described below.
"...New York attempted to break up the trade of Connecticut and New Jersey by imposing heavy duties on every vessel entering from those States. Delaware and New Jersey attempted to attract the foreign trade of Pennsylvania and New York by offering lower import duties. Massachusetts and Rhode Island placed prohibitive duties on imports via British ships while Connecticut admitted such imports free, seeking a monopoly of domestic trade in British products." - Frederalist Blog
So our Founding Father's wrote the Commerce Clause to protect and normalize trade betwen States and Foreign Nations. They also, certainly never meant for the Supreme Court to decide Wickard v. Filburn in the manner that they did. This is probably one of the worst decisions handed down by the Supreme Court in the last century.

Video: "How the Commerce Clause Made Congress All-Powerful" by Reason Tv.

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