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A Progressive Perverts the Commerce Clause; but O’Reilly Gets it Right!
Righting Our Consent Newsletter | April20,2012 | Publius Huldah

Posted on 04/20/2012 2:36:04 PM PDT by Iam1ru1-2

Bill O’Reilly (Fox News) made our Framers proud when, on March 26, 2012, he correctly explained [probably for the first time ever on TV] the genuine meaning of the interstate commerce clause. O’Reilly’s guest was Big Government Progressive Caroline Fredrickson, Esq., of the inaptly named “American Constitution Society.” In trying to defend obamacare, she said that our Framers intended to grant to Congress extensive powers over the “national economy”:

“When the Founding Fathers adopted the Constitution, they put in the commerce clause ah specifically so that Congress could actually regulate interstate commerce. They envisioned a national economy, and we really have one now, and to the tune of over two trillion dollars, health care makes up a big big part of that and so it’s completely within the power of ah Congress to pass this legislation [obamacare] and to attempt to provide some reasonable regulation…”

But what she said is not true! Accordingly, O’Reilly responded:

“The interstate commerce clause was put in so individual States could not charge tariffs [for] going from one state to another. So, for example, Pennsylvania would say to New Jersey, ‘Hey, you can’t bring in anything here from New Jersey unless you pay us 2% on it.’ ”

Bravo, O’Reilly! That is precisely the purpose of the interstate commerce clause. James Madison, Father of our Constitution, wrote in Federalist No. 42 (9th para):

“… A very material object of this power [to regulate interstate commerce] was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter. Were these at liberty to regulate the trade between State and State … ways would be found out to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the former…”

And Alexander Hamilton wrote in Federalist No. 22 (4th para):

“…’ The commerce of the German empire … is in continual trammels from the multiplicity of … duties which the several princes and states exact upon the merchandises passing through their territories, by means of which the … navigable rivers [of] … Germany … are rendered almost useless.’ Though the … people of this country might never permit this … to be … applicable to us, yet we may … expect, from the … conflicts of State regulations, that the citizens of each would … come to be … treated by the others in no better light …”

So! What our Framers said was that the purpose of the interstate commerce clause is to authorize Congress to prevent the States from imposing tolls and tariffs on articles of import and export – merchandize – as they are transported through the States for purposes of buying and selling.1

But Fredrickson apparently has no idea what our Framers said. She dug deeper:

“Actually this was a major issue at stake in the adoption of the Constitution was the ability of our national government to deal with national issues and, let’s look a little bit at what’s happened in the 20th century…”

What? Our Framers made a “major issue” of their determination to grant to Congress power over whatever it might in the future deem to be a “national issue”?

Rubbish! What Fredrickson said is demonstrably false. Our Framers said the exact opposite of what she represented. In Federalist No. 45 (9th para), Madison identified the “national issues” Congress would be dealing with:

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; … The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people….” [boldface mine]

In Federalist No. 39 (3rd para from end):

“…the proposed government cannot be deemed a national one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignity over all other objects.” [boldface mine]

and in Federalist No. 14 (8th para):

“…the general [federal] government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects.…” [boldface mine]

Do you see? Our Framers drafted a Constitution which established a Federation of Sovereign States united only for the limited purposes enumerated in the Constitution. The powers of each of the three branches of the federal government are carefully limited and defined. See: Congress’ enumerated powers, the President’s enumerated powers, and the Judicial Branch’s enumerated powers. Our Constitution does not delegate general legislative powers over the Country at large to Congress! Ours is a Constitution of enumerated powers only. And nothing – nothing – in the Constitution authorizes the federal government to control the provision – or denial – of medical care to The People. Thus, obamacare is altogether unconstitutional as outside the scope of the legislative powers delegated to Congress by Our Constitution.

Folks! Do not believe what you hear people saying about Our Constitution on TV or the Radio. Most of them don’t know what they are talking about, or they are lying. Only rarely does anyone get it right as O’Reilly did. So you must check things out for yourself. And always demand Proof!!

End Note:

For a more definitive explanation of the genuine meaning of the interstate commerce clause, and more irrefutable proof from primary sources, see: Does The Interstate Commerce Clause Authorize Congress To Force Us To Buy Health Insurance? Read it. Progressives! Read it and rebut it, if you can.


TOPICS: Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: constitution

1 posted on 04/20/2012 2:36:07 PM PDT by Iam1ru1-2
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To: Iam1ru1-2

Here’s the video. Sorry it’s a Media Matters link. Definitely one of the more contentious interviews O’Reilly’s had recently. He and the women grew to visibly and venomously hate each other during these 4 minutes.

http://mediamatters.org/mmtv/201203260005


2 posted on 04/20/2012 2:41:08 PM PDT by JediJones (From the makers of Romney, Bloomberg/Schwarzenegger 2016. Because the GOP can never go too far left.)
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To: Iam1ru1-2

Bump for later


3 posted on 04/20/2012 2:41:08 PM PDT by SandyInSeattle (Never borrow batteries out of your smoke alarm!)
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To: Iam1ru1-2

The organization the woman represents is a progressive [regressive] organization wrapped in a conservative name.

http://en.wikipedia.org/wiki/American_Constitution_Society

The American Constitution Society for Law and Policy (ACS) is a liberal legal organization that promotes the U.S. Constitutional values of “individual rights and liberties, genuine equality, access to justice, democracy and the rule of law.” [2] The American Bar Association Journal described it as “the left-leaning equivalent of the Federalist Society.”[3] For example, they have challenged the “originalism” interpretation of the Constitution.[4] ACS was formed in 2001 at Georgetown Law Center by then-law professor Peter J. Rubin.

ACS has 13,000 members, 165 student chapters and lawyer chapters in 32 cities. It is headquartered in Washington, D.C. The organization promotes and facilitates discussion and debate of progressive public policy ideas and issues, providing forums for legal scholars, lawmakers, judges, lawyers, public policy advocates, law students and members of the media.


4 posted on 04/20/2012 2:43:42 PM PDT by JediJones (From the makers of Romney, Bloomberg/Schwarzenegger 2016. Because the GOP can never go too far left.)
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To: Iam1ru1-2

” rebut it, if you can. “

Standard ‘Progressive’ rebuttal #1(c) —

“Oh yeah?? Why should we pay attention to a buncha white male slaveowners?? That’s RACIST!!!!”


5 posted on 04/20/2012 2:44:06 PM PDT by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: Iam1ru1-2

The interstate commerce clause is one of the most abused. My father used to scream about this. It only allowed him to sell in certain states. Congress and Presidents have abused this law forever. Using it for bad purposes has been very useful for the Senate since I believe the 20’s.

The Senate and Interstate Commerce bigest crime committed.


6 posted on 04/20/2012 3:07:42 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Iam1ru1-2
I still wonder why, given the ICC, states are allowed to ban, say, the importation of milk from another state. It strikes me as a practice Congress could constitutionally forbid. It just causes consumers to have to pay more for milk.

For the benefit of the "family" farm, of course.

7 posted on 04/20/2012 3:29:35 PM PDT by BfloGuy (The final outcome of the credit expansion is general impoverishment.)
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To: Iam1ru1-2

The founders of this great nation were so brilliant that even today their foresight is showing us the way to real freedom and societal security. Out with the Marxists and their “Progressive” power grab.


8 posted on 04/20/2012 3:31:10 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: Iam1ru1-2
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.

Now it is exactly the reverse. Thanks largely to the very government branch dedicated to protect it, the Supreme Court and by an complicant Congress.

The Constitution is dead. Murdered in it's crib by liberals who believe in the so-called "Living Constitution" and the viewpoint "The Ends justify the Means"

Thus dies a republic.
9 posted on 04/20/2012 3:43:07 PM PDT by RedMonqey (Men who will not suffer to self govern, will suffer under the governent of others.)
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To: RedMonqey

Well, the Supremes and Congress may have done their part, but don’t forget that it was the Executive branch which decided to end state sovereignty, making the rest of the usurpations inevitable.


10 posted on 04/20/2012 3:59:41 PM PDT by Boogieman
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To: Iam1ru1-2; Don Corleone
The Framers specifically considered and rejected expansive powers over commerce, agriculture and manufactures here.

Wickard v. Filburn and all subsequent federal intrusion is commerce clause baloney.

11 posted on 04/20/2012 4:04:58 PM PDT by Jacquerie (No court will save us from ourselves.)
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Don't let FR fade away! Donate.
For every New Monthly Donor, another FReeper is donating $10.00!!
Please take this generous offer into consideration!

12 posted on 04/20/2012 5:01:44 PM PDT by RedMDer (https://support.woundedwarriorproject.org/default.aspx?tsid=93)
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To: Iam1ru1-2
Wonderful Thomas Sowell article on the commerce clause here.
13 posted on 04/20/2012 7:23:07 PM PDT by MV=PY (The Magic Question: Who's paying for it?)
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