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To: spunkets
The nature of any particular transaction is irrelevant. The nature of the market is what determines applicability.

So you say, but there's no support for that view in any of the writings of the Founders. It also doesn't square with the language of the Constitution.

Refer to creation of the shoe monopoly and the various other private actions that provided motivations for the Constitutional Convention itself.

I'd be interested in seeing whatever references you have for this. Certainly no mention of this was made in the Federalist. All motivations for the interstate commerce clause that I've read about (and I've read quite a bit) refer to the actions of state governments, not private parties.

Also review the quote from Madison you posted noting that the intent there was to remove State power to favor their own players over those of another State.

That's not what he said. He was talking about states impeding interstate commerce for their own benefits. He wasn't talking about states getting involved in any other way. But regardless, his point was clear that the motivation for the clause was not to give power (over individuals) to the federal government, but to take it from the states.

55 posted on 03/31/2004 10:37:57 AM PST by inquest (The only problem with partisanship is that it leads to bipartisanship)
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To: inquest
Justice Marshall in Gibbons v. Ogden:

___________
"We know of no rule for construing the extent of such powers, other than is given by the language of the instrument which confers them, taken in connexion with the purposes for which they were conferred."

The words are, "Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes."

The subject to be regulated is commerce; and our constitution being, as was aptly said at the bar, one of enumeration, and not of definition, to ascertain the extent of the power, it becomes necessary to settle the meaning of the word. The counsel for the appellee would limit it to traffic, to buying and selling, or the interchange of commodities, and do not admit that it comprehends navigation. This would restrict a general term, applicable to many objects, to one of its significations. Commerce, undoubtedly, is traffic, but it is something more: it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse. The mind can scarcely conceive a system for regulating commerce between nations, which shall exclude all laws concerning navigation, which shall be silent on the admission of the vessels of the one nation into the ports of the other, and be confined to prescribing rules for the conduct of individuals, in the actual employment of buying and selling, or of barter."

_________
Hence, "The nature of any particular transaction is irrelevant. The nature of the market is what determines applicability."

"He was talking about states impeding interstate commerce for their own benefits."

Means the same as, " the intent there was to remove State power to favor their own players over those of another State."

56 posted on 03/31/2004 11:25:46 AM PST by spunkets
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To: inquest
As Madison explained:

"Yet it is very certain that it [the interstate commerce clause] 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."
52 -inquest-


But regardless, his [Madisons] point was clear that the motivation for the clause was not to give power (over individuals) to the federal government, but to take it from the states.
-inquest-

______________________________________



I agree when you claim above that the purpose of the commerce clause is to take the power from the states to abuse our individual right to engage in commerce.

I find it strange that you argue that a States power over individuals be restrained in commerce, but unrestrained in the case of regulating arms.

Why is that?
60 posted on 03/31/2004 12:04:08 PM PST by tpaine (In arrogance a few powermad infinitely shrewd imbeciles attempt to lay down the law for all of us)
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