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Discussion on the intent of the Commerce Clause
Dec 25, 2009 | Jim Robinson

Posted on 12/25/2009 1:56:41 PM PST by Jim Robinson

Senator Diane Feinstein (D-Calif.) said that Congress has the authority to mandate that people buy health insurance and that there is no constitutional limit on Congress’ power to enact such mandates, adding that this unlimited authority stemmed from the Commerce clause of the Constitution.

And apparently 59 other Democrat senators agree with her.

It is my understanding that the intent of the commerce clause is to assign the responsibility of regulating commerce (the transportation and trading of goods with foreign Nations, and among the several States, and with the Indian Tribes) to the central government, taking the law-making responsibility for “inter-state trade and foreign trade” out of the hands of state government. Its purpose is to ensure that trade flows smoothly and unrestricted among the states and that foreign trade CAN be restricted by taxes and tariffs, etc, by the congress where necessary and appropriate to promote the domestic economy.

It was never intended to regulate the agricultural industry itself, or the manufacturing process of products or goods, or services, and definitely NOT to regulate or tax individual FREE citizens.

And the commerce clause was never intended to regulate trade among private citizens, nor does it regulate intra-state commerce, nor does it override states rights to govern themselves. The 10th amendment rules!

We the people continue to enjoy our God-given unalienable rights to Life, Liberty and the pursuit of happiness also including among others the constitutional rights to private property, security in our homes and private affairs, due process, presumption of innocence, right to trial before a jury of our peers, etc, and the rights to self-defense and to defend ourselves and our property and our posterity against tyrannical government!

Somebody please tell me where I'm wrong.


TOPICS: Breaking News; Constitution/Conservatism; Editorial; Government; News/Current Events; Your Opinion/Questions
KEYWORDS: 10thamendment; commerceclause; congress; constitution; freedom; healthcare; individualrights; liberty; obamacare; senate; sovereignty; statesrights
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1 posted on 12/25/2009 1:56:42 PM PST by Jim Robinson
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To: Jim Robinson

I am pretty sure that Jefferson, Madison and Adams were not thinking about Blue Cross whaen they wrote it. They probably did not even know that the paperwork was alive and breathing.


2 posted on 12/25/2009 2:01:21 PM PST by screaminsunshine (!!)
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To: Jim Robinson

3 posted on 12/25/2009 2:01:26 PM PST by Diogenesis ("Those who go below the surface do so at their peril" - Oscar Wilde)
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To: Jim Robinson

And, notwithstanding Senator Feinstein’s desire to dictate otherwise, the major intent of the constitution IS to severely restrict the powers of the central government. The government does not have unlimited, unrestricted or unchecked powers anywhere!


4 posted on 12/25/2009 2:02:33 PM PST by Jim Robinson (Join the TEA Party Rebellion!! May God and TEA save the Republic!!)
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To: Jim Robinson

You are correct, however the Supreme Court elimininated the commerce clause around 1948/9.


5 posted on 12/25/2009 2:03:57 PM PST by Founding Father (The Pedophile moHAMmudd (PBUH---Pigblood be upon him))
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To: Jim Robinson
Somebody please tell me where I'm wrong.

You're not.......

6 posted on 12/25/2009 2:04:02 PM PST by Fiddlstix (Warning! This Is A Subliminal Tagline! Read it at your own risk!(Presented by TagLines R US))
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To: Founding Father

Not their job, man.


7 posted on 12/25/2009 2:05:27 PM PST by Jim Robinson (Join the TEA Party Rebellion!! May God and TEA save the Republic!!)
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To: Diogenesis

This graphic is a very, very subtle statement that most probably wouldn’t get.

If I’m right it shows a KUB of a flat plate of the abdomen and the patient has a lot of stool in the colon. (Well, it’s absolutely a KUB/flat plate of the abdomen - it’s the FOS that I think is there but waffling a little bit.)

A radiologist or a surgeon would read this as “FOS” i.e. “Full of Stool” or a more graphic alternative.

This is the message being sent by the graphic - that Obamacare is FOS.


8 posted on 12/25/2009 2:07:06 PM PST by 2 Kool 2 Be 4-Gotten
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To: Jim Robinson

http://www.oyez.org/cases/1901-1939/1921/1921_657


9 posted on 12/25/2009 2:07:52 PM PST by TornadoAlley3 (Obama is everything Oklahoma is not.)
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To: 2 Kool 2 Be 4-Gotten

If you look at the stippling above the pelvic bones, that is a large amount of stool in the transverse colon :)


10 posted on 12/25/2009 2:07:58 PM PST by 2 Kool 2 Be 4-Gotten
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To: Jim Robinson
The government does not have unlimited, unrestricted or unchecked powers anywhere!

You can discuss it all you like but the fact remains that the Feds can do whatever they wish to whomever they wish and you can't say jack sh** about it.

Sorry, but that's just the way things are.

The Constitution is no longer operative.

Merry Christmas.

11 posted on 12/25/2009 2:08:33 PM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Jim Robinson
If our founding fathers intended for the ICC to give Congress unlimited powers then they would not have listed specific powers in Article 1 Section 8. Instead they would have written only the ICC in Article 1 Section 8.

The founding fathers would also not have written the 10th Amendment and would not have started it with the words "Any powers not delegated to the United States" if all powers were in fact delegated to Congress.
12 posted on 12/25/2009 2:10:07 PM PST by Man50D (Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
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To: Jim Robinson

In my opinion, what the Dems have done to America is treason.


13 posted on 12/25/2009 2:16:59 PM PST by uptoolate (I have a feeling that blood will have to be spilled...)
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To: Jim Robinson

You know as well as I know that
“the Constitution says whatever the Supreme Court says it says”.


14 posted on 12/25/2009 2:17:09 PM PST by Repeal The 17th (I AM JIM THOMPSON!)
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To: Repeal The 17th

But you and I know better.


15 posted on 12/25/2009 2:18:38 PM PST by Jim Robinson (Join the TEA Party Rebellion!! May God and TEA save the Republic!!)
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To: Lurker

We’ll see about that.

Stock up on ammo!


16 posted on 12/25/2009 2:20:00 PM PST by Jim Robinson (Join the TEA Party Rebellion!! May God and TEA save the Republic!!)
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To: Jim Robinson

Federal usurpation of individual state rights continues to erode and to limit the ability of state governments to operate according to their own citizen’s directives. Since the original intent of the Constitution directed, the best government is one which governs closer to the people and Federal Usurpation is the greatest threat we face today.

A coup d’état succeeds when the usurpers establish their legitimacy if the attacked government fail to thwart them, by allowing their (strategic, tactical, political) consolidation and then receiving the deposed government’s surrender; or the acquiescence of the populace and the non-participant military forces.


17 posted on 12/25/2009 2:20:06 PM PST by jessduntno (I think "you'll get what you deserve" is a promise. A socialist thinks it is a threat.)
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To: Man50D

You got that right!


18 posted on 12/25/2009 2:20:30 PM PST by Jim Robinson (Join the TEA Party Rebellion!! May God and TEA save the Republic!!)
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To: Jim Robinson

Roscoe Filburn would wholeheartedly agree with you, but Roosevelt and the Supreme Court that he had scared out of their wits did not and stuck it to that Good American Roscoe Filburn and ever since Americans have suffered under the yoke of Democrats who believe they can do as they damned well please.

Wickard v. Filburn 317 U.S. 111 (1942)

Since this ruling, the Commerce Clause has served as a license for the Federal Government to do whatever it wanted, including the health care bill. If they can prevent Roscoe Filburn from raising wheat to feed his chickens, then they can also seize control of the health care industry.


19 posted on 12/25/2009 2:20:51 PM PST by centurion316
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To: uptoolate

Yup. Usurpers all. They ARE the domestic enemy.


20 posted on 12/25/2009 2:21:45 PM PST by Jim Robinson (Join the TEA Party Rebellion!! May God and TEA save the Republic!!)
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