Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: tacticalogic
When did "We the people" change the Constitution in the manner specified granting Congress authority over all things remotely related to "commerce"? The "We the people" that established the Constitution is not "Congress, the President and the federal judiciary". They didn't exist until "We the people" created them.

1789

US Constitution, Article I, section 8

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
[in part and emphasis added]

US Constitution, Article II, section 1

The executive power shall be vested in a President of the United States of America.
[in part]

US Constitution, Article III, section 1

The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.
[in part]

US Constitution, Article III, section 1

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--
[in part]
350 posted on 06/02/2006 1:22:59 PM PDT by Lucky Dog
[ Post Reply | Private Reply | To 346 | View Replies ]


To: Lucky Dog
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;-- [in part]

"Under this Constitution" Congress can regulate commerce "among the several states", not "all the commerce, anywhere, all the time". You're attributing to them authority they don't have.

Moreover, you've avoided answering the question posed. Just who do you mean when you say "We the people"?

You start off saying "We the people, through our elected representatives" established the Constitution. That means the State legislatures. This same "We the people" have the authroity to amend that Constitution. Then you attribute the authority of "We the people, through our elected representatives" to acts of Congress, signed by the President and accepted by the Courts.

It's a little exercise in sophistry designed to make acts of Congress appear to carry the weight and authority of constitutional amendments.

358 posted on 06/02/2006 2:20:57 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
[ Post Reply | Private Reply | To 350 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson