[inquest]

In the parlance of the era, "several states" refers to the states as a whole.

No, almost the exact opposite. Think of the phrase "jointly and severally liable". Do you know what the "severally" means in that phrase? It means separate from one another. So "commerce among the several states" means among the states considered as seprate entities from each other. In other words, interstate commerce.

In the context of the Constitution, the word "several" has absolutely nothing to do with quantity - either directly, indirectly, or tangentially.

[Know your rights]

Thanks for the educational post!

[Know your rights]

Think of the phrase "jointly and severally liable". Do you know what the "severally" means in that phrase? It means separate from one another. So "commerce among the several states" means among the states considered as seprate entities from each other. In other words, interstate commerce.

In the context of the Constitution, the word "several" has absolutely nothing to do with quantity - either directly, indirectly, or tangentially.

Paging Rockingham ....

[Rockingham]

I think that you have simply returned to the main disagreement as to the scope of the commerce power. Yet let us not allow the heat of argument to lead us to overstate our differences.

To return to Madison's letter to Cabell (posted at my #67 above), we seem to be in agreement with Madison that the commerce clause was broadly written but originally seen as mostly a negative against states interfering with the flow of commerce between the states. Where we differ is whether the federal courts should be called on to supply terms of direct restraint against exercise of the federal commerce power that are absent in the text of the Constitution itself. With Madison, I am inclined to see the remedy as being with Congress rather than the courts. (See quote from letter to Cabell below).

Being in the same terms with the power over foreign commerce, the same extent, if taken literally, would belong to it. Yet it is very certain that it grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged.