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To: count-your-change
The courts have held that the Commerce Clause gives the feds such authority.

LOL! Really? I notice you offer no evidence for that assertion.

They have also held that they could regulate guns under the same clause. Do you agree with that?

FYI- Original Intent

Mr. MADISON was surprised that any gentleman should return to the clauses which had already been discussed. He begged the gentleman to read the clauses which gave the power of exclusive legislation, and he might see that nothing could be done without the consent of the states. With respect to the supposed operation of what was denominated the sweeping clause, the gentleman, he said, was mistaken; for it only extended to the enumerated powers. Should Congress attempt to extend it to any power not enumerated, it would not be warranted by the clause. As to the restriction in the clause under consideration, it was a restraint on the exercise of a power expressly delegated to Congress; namely, that of regulating commerce with foreign nations. St. George Tucker, Blackstone's Commentaries

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This principle is, if possible, still more clear, when applied to commerce "among the several States." They either join each other, in which case they are separated by a mathematical line, or they are remote from each other, in which case other States lie between them. What is commerce "among" them; and how is it to be conducted? Can a trading expedition between two adjoining States, commence and terminate outside of each? And if the trading intercourse be between two States remote from each other, must it not commence in one, terminate in the other, and probably pass through a third? Commerce among the States must, of necessity, be commerce with the States.
Gibbons v. Ogden Chief Justice Marshall

(Notice this Supreme Court of the United States decision says commerce with the States NOT commerce among the People)

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But that is not the point in controversy. It is, whether congress has a right to regulate that, which is not committed to it, under a power, which is committed to it, simply because there is, or may be an intimate connexion between the powers. If this were admitted, the enumeration of the powers of congress would be wholly unnecessary and nugatory. Agriculture, colonies, capital, machinery, the wages of labour, the profits of stock, the rents of land, the punctual performance of contracts, and the diffusion of knowledge would all be within the scope of the power; for all of them bear an intimate relation to commerce. The result would be, that the powers of congress would embrace the widest extent of legislative functions, to the utter demolition of all constitutional boundaries between the state and national governments. When duties are laid, not for purposes of revenue, but of retaliation and restriction, to countervail foreign restrictions, they are strictly within the scope of the power, as a regulation of commerce. But when laid to encourage manufactures, they have nothing to do with it. The power to regulate manufactures is no more confided to congress, than the power to interfere with the systems of education, the poor laws, or the road laws of the states. It is notorious, that, in the convention, an attempt was made to introduce into the constitution a power to encourage manufactures; but it was withheld. Instead of granting the power to congress, permission was given to the states to impose duties, with the consent of that body, to encourage their own manufactures; and thus, in the true spirit of justice, imposing the burthen on those, who were to be benefited. Joseph Story, Commentaries on the Constitution

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The constitution does not discuss drugs per se.

That's right. And where there is no enumeration, there IS NO AUTHORITY!

"The Constitution is a written instrument. As such, its meaning does not alter. That which it meant when it was adopted, it means now."
South Carolina v. United States, 199 U.S. 437, 448 (1905).

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And regulate is regulate, you made no such distinction in your comment, item or persons.

No, I stayed on the subject of the thread, which was drugs.

YOU are the one who went from drugs to tobacco, beef, booze, visas, passports and tariffs.

But it was a very nice attempt at projection-ism on your part.

52 posted on 10/21/2012 3:11:47 PM PDT by MamaTexan (I am a Person as Created by the Laws of Nature, not a person as created by the laws of Man)
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To: MamaTexan

Read Ganzales vs. Raich. That appears to be one of the latest opinions, other than yours.

And no, I’m not interested in discussing guns here.


53 posted on 10/21/2012 3:49:26 PM PDT by count-your-change (You don't have to be brilliant, not being stupid is enough.)
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