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To: inquest
"You're still failing to distinguish between interstate commerce and foreign commerce."

1-8-3 doesn't. Why should I?

"But he was clearly saying that the original intent for the power over interstate commerce was not "for the positive purposes of the General Government"."

Yes. So? He didn't say that it couldn't be used that way.

The "original intent" of a hammer is to pound nails. Does that mean that it cannot be used to drive a wooden stake into the ground or remove a rusty muffler? C'mon.

Madison already admitted (in the first letter) that the commerce clause could be used over foreign commerce "for the positive purposes of the General Government". I fail to see why it cannot be used over interstate commerce "for the positive purposes of the General Government".

Why are you making a distinction between interstate commerce and foreign commerce?

"He said, much more broadly, that regulating commerce means promoting manufactures."

Yes. He said that, in his opinion, the commerce clause allows regulating foreign commerce as a means of promoting local manufactures.

He admits that wasnt the original intent of the commerce clause, but it could be used that way.

You're trying to say that the original intent precludes it being used any other way. Well, Madison already said it could be used negatively against foreign trade, didn't he? As I said, that opens the door. You're trying to reword the Commerce Clause to read:

"To regulate Commerce with foreign Nations, and to encourage commerce among the several States, and with the Indian Tribes;"

That is not what it says. It says "regulate" once. And regulate means encourage, restrict, or prohibit, and it applies to foreign Nations (as Madison admitted), to commerce among the several states, and to commerce with the Indian Tribes.

274 posted on 12/19/2004 10:44:58 AM PST by robertpaulsen
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To: robertpaulsen
The "original intent" of a hammer is to pound nails. Does that mean that it cannot be used to drive a wooden stake into the ground or remove a rusty muffler? C'mon.

Is this your way of saying you consider "original intent" irrelevant?

276 posted on 12/19/2004 11:03:46 AM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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