Unconstitutional Government - Perverting the Commerce Clause

youtube ^ | September 23, 2009 | Andrew Napolitano

[all the best]

Judge Andrew Napolitano explains how politicians perverts the commerce clause to rob individuals of their liberty and grow government.

[all the best]

Excellent discussion between Judge Napolitano and Neil Cavuto about unconstitutionality of health care "reform".

[Ken H]

So between Scalia and Thomas, which one is in keeping with the original understanding of the Commerce Clause, and which one has the elastic interpretation?

Justice Scalia:

"...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce."

Justice Scalia, concurring in Raich

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Justice Thomas:

Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything, and the Federal Government is no longer one of limited and enumerated powers.

Justice Thomas, dissenting in Raich

[microgood]

I think Thomas is the only non-activist on the court.

[MosesKnows]

which one is in keeping with the original understanding of the Commerce Clause

Thomas of course and it doesn't take a law degree or a constitutional law professor to arrive at that conclusion after a reading of the Constitution.

First - Article 1, Section 1, establishes a congress as the sole governmental entity with the power to legislate within the powers enumerated later in the Constitution.

Ref: Article I. Section. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Second - Article 1, Section 8, enumerates the powers Congress is empowered to write legislation concerning.

Third - Article 1, Section 8, concludes with what socialist twist and refers to as the elastic clause.

Ref: Article 1 Section 8, To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

As you can see, there is nothing elastic about it. It clearly refers to the specifically enumerated foregoing powers in the previous (foregoing) clause.

Forth – Article 1, Section 9, list the legislation Congress cannot write.

Fifth – Amendment IX – “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Sixth – Amendment X – “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

By reading this far you should have learned that :

1 - Congress is the only branch of government who can legislate.
2 - Congress can only write laws for carrying into execution the "Powers herein granted" referred to in Article 1, Section1 and then enumerated in Section 8.
3 - Congress does not have the power unless the specific granted power exists. In other words, if the Constitution does not clearly say Congress can then Congress can’t
4 – Congress’s legislation is restricted to only its delegated powers when reconciled with beautiful and glorious 10th amendment, which in effect says, if we forgot anything you can’t do that either.