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

To: Ken H

You should come out and state that the “Commerce Clause” has been misused by the Feds since 1824.


298 posted on 06/25/2011 10:44:49 AM PDT by dennisw (NZT - "works better if you're already smart")
[ Post Reply | Private Reply | To 296 | View Replies ]


To: dennisw
This is a reply to #297 and #298.

You've swallowed the liberal line of thinking on Gibbons. Gibbons clearly laid out boundaries between state and federal power over commerce. This relationship basically held until the Wickard decision. Justice Thomas explained it well in US v Lopez:

In my view, the dissent is wrong about the holding and reasoning of Gibbons. Because this error leads the dissent to characterize the first 150 years of this Court's case law as a "wrong turn," I feel compelled to put the last 50 years in proper perspective.

-snip-

Moreover, while suggesting that the Constitution might not permit States to regulate interstate or foreign commerce, the Court observed that "[i]nspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State" were but a small part "of that immense mass of legislation . . . not surrendered to a general government." Id., at 203.

From an early moment, the Court rejected the notion that Congress can regulate everything that affects interstate commerce. That the internal commerce of the States and the numerous state inspection, quarantine, and health laws had substantial effects on interstate commerce cannot be doubted. Nevertheless, they were not "surrendered to the general government."

-snip-

I am aware of no cases prior to the New Deal that characterized the power flowing from the Commerce Clause as sweepingly as does our substantial effects test. My review of the case law indicates that the substantial effects test is but an innovation of the 20th century.

Full decision at http://www.law.cornell.edu/supct/html/93-1260.ZC1.html

___________________________________

Now, how do you reconcile your support for federal laws based on the New Deal Commerce Clause with your claim to support the Clause's original meaning?

299 posted on 06/25/2011 11:24:31 AM PDT by Ken H
[ Post Reply | Private Reply | To 298 | 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