Blood of Tyrants, funny you mentioned FDR. We have one of his fans with us today!
Smartaleck, the Interstate Commerce Clause does not override other parts of the Constitution. It was intened to keep states from levying tariffs against each other, that is of course unless you're a FDR/Al Gore style "living Constitution" liberal.
Even if the ICC gave Congress the authority to search commercial vehicles at will (it doesn't), the 4th Amendment amended the Constitution, and would have taken that power away.
Amendment IV:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I don't see exceptions for gross weight or commercial vehicles in there, do you?
Twern't me that mentioned FDR.
They aren't searching people, they're searching commercial enterprises. The law regarding interstate commerce is long and well documented.....and is....as a result of due process.
Haven't you read the Patriot Act? Now they can inspect your skivvies if they want to.
I have heard from a number of less-than-steller web sites something about maritime law becoming merged with other parts of law in the US, which accounts for a lot of this -- the maritime jurisdictions being expanded to include land areas and all interstate traffic, with cars being determined to be "vessels".
Have you heard anything about this? What I've seen so far has been pure hearsay, but I thought someone else might have looked into it more.
I'll play! Define "unreasonable".
Don't forget the Second Amendment ---
Most of the numerous Federal gun-control laws are based on the Interstate Commerce Clause --- The law usually says e.g., "firearm or ammunition which has been shipped or transported in interstate or foreign commerce." [ 18 USC section 922(g) ].
You had best check out the rules of theroad..... he's right, you're wrong.
Bigs rigs must comply.