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To: 14themunny; 21stCenturion; 300magnum; A Strict Constructionist; abigail2; AdvisorB; Aggie Mama; ...
Federalist/Anti-Federalist ping.

I don't particularly like this article because it's not that well thought out. But I think this is going to be one of those marathon threads, and our group should get involved.

13 posted on 01/09/2018 3:09:02 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius available at Amazon)
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To: Publius; Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; 2ndDivisionVet; ...

ping to dry arguments to keep us focused, folks...


46 posted on 01/09/2018 5:21:29 PM PST by bitt (We donÂ’t need an electric chair, we need electric bleachers.)
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To: Publius
Article 1, Section 8, Clause 3
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Mr. MADISON was surprised that any gentleman should return to the clauses which had already been discussed. He begged the gentleman to read the clauses which gave the power of exclusive legislation, and he might see that nothing could be done without the consent of the states. With respect to the supposed operation of what was denominated the sweeping clause, the gentleman, he said, was mistaken; for it only extended to the enumerated powers. Should Congress attempt to extend it to any power not enumerated, it would not be warranted by the clause. As to the restriction in the clause under consideration, it was a restraint on the exercise of a power expressly delegated to Congress; namely, that of regulating commerce with foreign nations.
Elliot's Debates , Volume 3, page 455 - U.S. Congressional Documents and Debates, 1774 – 1875
http://lcweb2.loc.gov/cgi-bin/ampage?collId=lled&fileName=003/lled003.db&recNum=466&itemLink=?%230030467&linkText=1

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Comprehensive as the word "among" is, it may very properly be restricted to that commerce which concerns more States than one. The phrase is not one which would probably have been selected to indicate the completely interior traffic of a State, because it is not an apt phrase for that purpose; and the enumeration of the particular classes of commerce, to which the power was to be extended, would not have been made, had the intention been to extend the power to every description. The enumeration presupposes something not enumerated; and that something, if we regard the language or the subject of the sentence, must be the exclusively internal commerce of a State. The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the States generally; but not to those which are completely within a particular State, which do not affect other States, and with which it is not necessary to interfere, for the purpose of executing some of the general powers of the government. The completely internal commerce of a State, then, may be considered as reserved for the State itself.
(snip)
This principle is, if possible, still more clear, when applied to commerce "among the several States." They either join each other, in which case they are separated by a mathematical line, or they are remote from each other, in which case other States lie between them. What is commerce "among" them; and how is it to be conducted? Can a trading expedition between two adjoining States, commence and terminate outside of each? And if the trading intercourse be between two States remote from each other, must it not commence in one, terminate in the other, and probably pass through a third? Commerce among the States must, of necessity, be commerce with the States.
Gibbons v. Ogden Chief Justice Marshall, 1824

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The commerce clause was intended to create a joint jurisdiction between the state and federal governments at points of entry for the purpose of taxation and to give the general government the ability to act as arbitrator in the event two or more state GOVERNMENTS had an issue with one other.

It has nothing to do with the movement of goods between private citizens or businesses.

The person that wrote this is a fool.

53 posted on 01/09/2018 7:21:07 PM PST by MamaTexan (I am a person as created by the Law of Nature, not a person as created by the laws of Man.)
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