To: THEUPMAN
It is only interstate if it crosses from the jurisdiction of one state to another (thus the term "interstate"). Agriculture in all its aspects should not be enveloped by the commerce clause simply because some product might cross state lines. Do you really contend that the intrusion by the government has enabled better markets or products?According to their writings, the founders included the interstate commerce clause in the Constitution to allow the federal government to keep the states from engaging in trade wars. They never intended the federal government to have controlling authority over anything that could be bought or sold.
The interpretation of the commerce clause that is used today was developed by FDR, and was the basis for enabling Congress to implement the New Deal. Every federal law that is passed and every bureaucracy that is created under this theory of the commerce clause is a validation of FDR and his policies and doctrines.
To: tacticalogic;THEUPMAN
tacticalogic, I'm sure you are right about the founders intent. If they wanted regulation of everything they would have expressed that in the enumerated powers. In fact, note that in the BOR they went to the trouble to express the idea that rights not listed in the BOR still are rights, the BOR is just some of the more important rights. This same logic can therefore refute the notion that powers not expressly given to the fedgov can be assumed by it as the people have all powers not ceeded to the federal government.
However, I the ICC was discovered (imagine that discovering something in a very clearly written document) after the War for Southern Independance, but prior to the New Deal. It was established in 1887. It is important to understand that prior to the US government establishing that the right of people to determine their government was invalid, there was no way states would allow fedgov to regulate their internal affairs on such a flimsy argument. As with most things fedgov does we accept this as being valid only because we have been subjected to it for so long. It is complete BS though.
95 posted on
02/01/2002 3:56:18 PM PST by
verboten
To: tacticalogic
The interpretation of the commerce clause that is used today was developed by FDR, and was the basis for enabling Congress to implement the New Deal. The birth of "new speak" of course we call it SPIN.
96 posted on
02/01/2002 3:57:52 PM PST by
THEUPMAN
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