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Discussion on the intent of the Commerce Clause
Dec 25, 2009 | Jim Robinson

Posted on 12/25/2009 1:56:41 PM PST by Jim Robinson

Senator Diane Feinstein (D-Calif.) said that Congress has the authority to mandate that people buy health insurance and that there is no constitutional limit on Congress’ power to enact such mandates, adding that this unlimited authority stemmed from the Commerce clause of the Constitution.

And apparently 59 other Democrat senators agree with her.

It is my understanding that the intent of the commerce clause is to assign the responsibility of regulating commerce (the transportation and trading of goods with foreign Nations, and among the several States, and with the Indian Tribes) to the central government, taking the law-making responsibility for “inter-state trade and foreign trade” out of the hands of state government. Its purpose is to ensure that trade flows smoothly and unrestricted among the states and that foreign trade CAN be restricted by taxes and tariffs, etc, by the congress where necessary and appropriate to promote the domestic economy.

It was never intended to regulate the agricultural industry itself, or the manufacturing process of products or goods, or services, and definitely NOT to regulate or tax individual FREE citizens.

And the commerce clause was never intended to regulate trade among private citizens, nor does it regulate intra-state commerce, nor does it override states rights to govern themselves. The 10th amendment rules!

We the people continue to enjoy our God-given unalienable rights to Life, Liberty and the pursuit of happiness also including among others the constitutional rights to private property, security in our homes and private affairs, due process, presumption of innocence, right to trial before a jury of our peers, etc, and the rights to self-defense and to defend ourselves and our property and our posterity against tyrannical government!

Somebody please tell me where I'm wrong.


TOPICS: Breaking News; Constitution/Conservatism; Editorial; Government; News/Current Events; Your Opinion/Questions
KEYWORDS: 10thamendment; commerceclause; congress; constitution; freedom; healthcare; individualrights; liberty; obamacare; senate; sovereignty; statesrights
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To: publiusF27
Of course I addressed it, noting it depends on Wickard

It doesn't. My argument, my words, your silence.

201 posted on 12/27/2009 5:54:05 PM PST by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: TigersEye
When something enters commerce it is easy to track.

And the government just needs to transmit that information to themselves in the past so that they can know which growers will wind up selling pot and which ones will only use it themselves.

Still preposterous.

202 posted on 12/27/2009 5:59:09 PM PST by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: Mojave

So you still think that because the word aggregation does not appear in the Wickard decision, it must have nothing to do with the case?

Couldn’t find RP, huh? Too bad. I used to learn stuff from him, and occasionally from you, but not this time. Oh well, see ya next year when the Chicago case comes down.


203 posted on 12/27/2009 6:14:41 PM PST by publiusF27
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To: publiusF27

Still no answer to my posted argument.


204 posted on 12/27/2009 6:25:06 PM PST by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: Mojave
Marijuana is illegal to sell so it is preposterous to consider it any part of commerce in any case.

Almost as preposterous as this statement...

"The regulation of an intrastate activity may be essential to a comprehensive regulation of interstate commerce even though the intrastate activity does not itself “substantially affect” interstate commerce."

Complete gobbledygook. It sounds like a line from Alice in Wonderland.

205 posted on 12/28/2009 12:27:41 PM PST by TigersEye (Tar & feathers! Pitchforks and torches! ... Get some while supplies last.)
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To: TigersEye
Marijuana is illegal to sell so it is preposterous to consider it any part of commerce in any case.

Thanks for the non sequitur.

206 posted on 12/29/2009 6:31:09 AM PST by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: Mojave

Not even considering your mixing of ‘60s hippie-speak and ‘80s slacker-speak your grasp of English is awful.


207 posted on 12/29/2009 12:25:06 PM PST by TigersEye (Tar & feathers! Pitchforks and torches! ... Get some while supplies last.)
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To: TigersEye

Uh huh.

commerce
noun: trade, business, traffic, market, trading
Commerce is the activities and procedures involved in buying and selling things.


208 posted on 12/29/2009 3:25:12 PM PST by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: Mojave
Amazing! Only an illiterate would conflate the black market with legitimate commerce based on a dictionary definition and consider it subject to regulation. That's on a par with equating enemy combatants with ordinary criminals.

Did you go to school with Janet Napolireno?

209 posted on 12/29/2009 4:08:04 PM PST by TigersEye (Tar & feathers! Pitchforks and torches! ... Get some while supplies last.)
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To: TigersEye
Only an illiterate would conflate the black market with legitimate commerce

Only an idiot would move the goalpost and not expect to be caught. Let's review:

Marijuana is illegal to sell so it is preposterous to consider it any part of commerce in any case.

"Any part of commerce is any case" was furtively transformed into "legitimate commerce."

Pathetic.

And the suggestion that Congress may not attempt control commerce which is illegal is, as before, preposterous.

210 posted on 12/29/2009 4:39:14 PM PST by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: Mojave

LOLOL Pathetic logic to be sure.


211 posted on 12/29/2009 4:54:34 PM PST by TigersEye (Tar & feathers! Pitchforks and torches! ... Get some while supplies last.)
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To: centurion316
ever since Americans have suffered under the yoke of Democrats who believe they can do as they damned well please. Wickard v. Filburn 317 U.S. 111 (1942)

...and republicans. Remember, it was Justice Scalia who relied on Wickard v. Filburn to uphold the federal ban on medical marijuana that was never sold and never left California.

212 posted on 12/29/2009 5:02:59 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: centurion316
ever since Americans have suffered under the yoke of Democrats who believe they can do as they damned well please. Wickard v. Filburn 317 U.S. 111 (1942)

...and Republicans. Remember, it was Justice Scalia who relied on Wickard v. Filburn to uphold the federal ban on medical marijuana that was never sold and never left California.

213 posted on 12/29/2009 5:03:10 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: TigersEye
There's nothing about Congress only being able to regulate "legitimate" trade in the Commerce Clause. You leftists do love to treat the Constitution as a "living document" full of emanations from penumbras of your own invention.

Too bad you weren't there at the Constitutional Convention to tell the Framers that criminals enjoyed an immunity from Congressional authority when contraband goods were involved. I'm sure they would have been fascinated.

214 posted on 12/29/2009 5:09:58 PM PST by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: Mojave
Before you can start to lecture on the Constitution you need to study English a little more. Your semantic parsing goes far beyond the hubris of the Clintons when you try to fit an activity that is outlawed in its entirety into definitions of "regulation of commerce."

When it comes to idiots no one is going to take a back seat to you.

Not since robertpaulsen left us anyway.

215 posted on 12/29/2009 5:17:58 PM PST by TigersEye (Tar & feathers! Pitchforks and torches! ... Get some while supplies last.)
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To: TigersEye

Zero signal to noise. Impressive.

The power granted to Congress under the Commerce Clause is not limited to “legitimate commerce.” Contraband is not beyond the reach of Congress, no matter how often you assert that preposterous proposition.


216 posted on 12/29/2009 5:31:53 PM PST by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: Mojave
The power granted to Congress under the Commerce Clause is not limited to “legitimate commerce.”

Not for a liberal/Progressive/commie who believes in the "living breathing Constitution."

217 posted on 12/29/2009 5:48:52 PM PST by TigersEye (Tar & feathers! Pitchforks and torches! ... Get some while supplies last.)
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To: TigersEye
That darn Thomas Jefferson. Prohibiting whiskey sales to Indians, barring imports from Europe.

Lucky for the smugglers that they could just tell any federal agents that they weren't carrying "legitimate" items of commerce, so Congress had no authority over them.

218 posted on 12/29/2009 6:01:40 PM PST by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: Mojave

Whiskey wasn’t outlawed completely was it? Another catastrophic failure of logic for you. lol


219 posted on 12/29/2009 6:14:33 PM PST by TigersEye (Tar & feathers! Pitchforks and torches! ... Get some while supplies last.)
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To: TigersEye
Whiskey wasn’t outlawed completely was it?

Drug sales aren't outlawed completely. Nice foot shot.

Apparently the word "legitimate" means whatever you want it to mean at any given moment.

220 posted on 12/29/2009 6:30:34 PM PST by Mojave (Ignorant and stoned - Obama's natural constituency.)
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