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To: antiRepublicrat
"The all-encompassing definition of the clause is fairly recent"

Well yeah, since the clause wasn't really used by the federal government until the 1900's, as your link emphasizes. It's illogical to assume that since the commerce clause wasn't used in the past to prohibit commerce among the several states, that meant the power to do so wasn't there.

I would like to see something that says the Commerce Clause was limited to ensuring a free trade zone between the states.

279 posted on 09/06/2006 1:22:54 PM PDT by robertpaulsen
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To: robertpaulsen
"Yet it is very certain that it grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged."
280 posted on 09/06/2006 1:39:07 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: robertpaulsen
Well yeah, since the clause wasn't really used by the federal government until the 1900's

Read again. The federal government attempted to use the clause in intrastate matters before the 1900s, only to be told that was not a power granted to it.

It's illogical to assume that since the commerce clause wasn't used in the past to prohibit commerce among the several states, that meant the power to do so wasn't there.

We're talking about commerce, and even non-commerce, within states that the federal government regulates and prohibits using a power clearly stated to apply to commerce among states.

329 posted on 09/08/2006 6:00:33 AM PDT by antiRepublicrat
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