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To: Lucky Dog

I don't know if I would say that it wouldn't stretch the commerce clause "even a little bit."

If you read the language of the commerce clause, it reads "to regulate commerce . . . among the several states...." This could easily be read to mean only transactions between states could be regulated. This interpretation would mesh with some of the problems that the states had under the Articles of Confederation.

But, even leaving that aside, your interpretation gets us where we are now--a system in which, as you admit, is a National Government that has de facto unlimited powers to regulate as it so chooses. There is no question that was not the intent of the Founders, and it strikes this writer as strange that we would interpret a clause of the constitution to reach a result that we KNOW is directly contrary to that envisioned by the Founders, especially when a perfectly legitimate reading of the document is available and comes much, much closer to meshing with the intention of the Founders and the document.

Unlike others on this thread, I don't feel that the meaning of every clause in the constitution is plainly obvious, but to read a clause to mean something so directly contrary to what it was intended to mean just is unfathomable to me.


118 posted on 05/18/2006 5:34:10 PM PDT by Publius Valerius
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To: Publius Valerius
Unlike others on this thread, I don't feel that the meaning of every clause in the constitution is plainly obvious, but to read a clause to mean something so directly contrary to what it was intended to mean just is unfathomable to me.

Philosophically, I agree with you. However, it appears you failed to note my comment about the 14th amendment.

The Constitution was significantly altered by this amendment. This amendment directly gave the federal government the power to enforce a prohibition against actions which would “abridge the privileges or immunities of citizens of the United States” or “deny to any person within its jurisdiction the equal protection of the laws” without defining exactly what those privileges, immunities or protections were. In short, it became the “Carte Blanche” or “wedge,” if you will, to stepping from a federal government to a national one that others on this thread have been complaining about. Since this was an amendment to the founding document, its alterations were not required to be in tune with the founder’s intent.
120 posted on 05/18/2006 5:50:16 PM PDT by Lucky Dog
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