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To: jazusamo; All
The states have never delegated to Congress via the Constitution the specific power to regulate minimum wage. And regardless what FDR's activist justices said about Congress's Commerce Clause powers in Wickard v. Filburn, these outcome-driven justices wrongly ignored not only Thomas Jefferson's official clarification of the limits of Congress's Commerce Clause powers, but also Justice John Marshall's official clarification of these limited powers.
“For the power given to Congress by the Constitution does not extend to the internal regulation of the commerce of a State, (that is to say of the commerce between citizen and citizen,) which remain exclusively (emphases added) with its own legislature; but to its external commerce only, that is to say, its commerce with another State, or with foreign nations, or with the Indian tribes.” –Thomas Jefferson, Jefferson’s Opinion on the Constitutionality of a National Bank : 1791.

"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress (emphases added)." --Gibbons v. Ogden, 1824.

Base on a discussion in a related thread, possibly the reason that businessmen comply with constitutionally indefensible federal minimal wage laws is because they don't understand Congress's Section 8-limited powers imo.

15 posted on 03/15/2013 1:12:22 PM PDT by Amendment10
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To: Amendment10

They do understand, though, that the Federal Government will use every power it is, legal or illegal, to destroy them if they don’t comply with whatever it says.


46 posted on 03/15/2013 11:29:15 PM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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