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To: frithguild
A Proposed Amended Commerce Clause
8 posted on 07/20/2011 9:14:41 AM PDT by smokingfrog ( sleep with one eye open ( <o> ---)
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To: smokingfrog
Great read. His amendemnt is good, but a little more wordy:

To regulate commerce and the channels, instrumentalities, persons and things directly involved in commerce, and any activity that directly and substantially impedes or obstructs the movement, trade, intercourse, exchange and trafficking of goods, articles, products and services in commerce, with foreign nations, among the several States, and with the Indian Tribes; otherwise, leaving to the sovereign States the regulation of economic, productive and other non-commerce activity within a State as guaranteed by the Tenth Amendment of this Constitution.”

I think the 13 words is better, because it requires the court to look back to original intent, without spoon feeding it to them, while washing away Swift Foods and its progeny. His use of "substantially" may give rise to more hair brained "tests." No tests, please. Commerce is not agriculture or industry or anything that impacts or effects them.

12 posted on 07/20/2011 9:29:06 AM PDT by frithguild
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