Congress has the power to regulate commerce among the several states. Does Congress have to power to prohibit certain types of commerce among the several states -- in other words, does the phrase "to regulate" include (among other things) "to prohibit"?
"-- Certainly no such universal power was meant to be given them. It was intended to lace them up straitly within the enumerated powers, and those without which, as means, these powers could not be be carried into effect. It is known that the very power now proposed as a means, was rejected as an end, by the Convention which formed the constitution.-- "
-- Thomas Jefferson, The Founders' Constitution Volume 3, Article 1, Section 8, Clause 18, Document 10
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Mark Felton comments on the above:
Before you step in and debate further I suggest a review of the writings of the founders.
The very problem we have with the monstrous, outrageous government to day is that men are undeducated and no longer behave like men.
76 Mark Felton
Paulsen asks:
Congress has the power to regulate commerce among the several states. -- Does Congress have to power to prohibit certain types of commerce among the several states -- in other words, does the phrase "to regulate" include (among other things) "to prohibit"?
Read much paulsen? -- Jefferson in effect answered your question, as was quoted:
-- A Congress with the unlimited power to do "whatever would be for the good of the U.S." -- would be the sole judges of "good or evil", and would be also have a power to do whatever evil they pleased.
"-- Certainly no such universal power was meant to be given them. --"
Prohibitive laws violate constitutional due process in both how they are written, and how they are enforced. -- They are repugnant to the principles of our Republic.
"Certain types"? Pray tell what types of "commerce" does your interpretation of the Commerce Clause preclude Congress from regulating?