Discussion on the intent of the Commerce Clause

Dec 25, 2009 | Jim Robinson

[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.

[jwalsh07]

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

That’s all folks!

[AlanGreenSpam]

Brilliant! Thanks for parsing it out so clearly.

Send that same text to Senator Jim DeMint and he’ll use it as ammo! He’s one of our best fighters against this intrusive unconstitutional power grab at the moment!

http://demint.senate.gov/public/index.cfm?FuseAction=Contact.Home

[Seven plus One]

... the best government is one which governs closer to the people and Federal Usurpation is the greatest threat we face today. It's pretty clear that we are experiencing an attempt by a political faction in this country to seize and permanently hold civil authority. This article explains things that are going on much better than I can. It is time to think about organizing behind some candidates and moving out en masse. While we're still free to do so.

[rockinqsranch]

With this misAdministration, with this current Democrat lot in Congress, with the seventy plus lot of Congressional House members of the Progressive Caucus we are seeing the brazen display of the Leftists more than ever before in our Government.

This means to me that they have achieved a milestone of sorts in their progress that perhaps we don’t understand. It’s either they have achieved such a milestone, or they are damned stupid to think we are going to take their abuse after Nov. 2010.

History proves the Left is damned stupid, arrogant, and downright corrupt that I have to believe they are openly asking us to bring it on.

Let’s Roll.

[Mechanicos]

Simple really, if the commerce clause meant what the elite Marxists are now claiming it does we would never have required a Constitutional amendment to prohibit Alcohol.

[Twotone]

In the book “Unintended Consequences” John Ross mentioned a detailed study of the origins of the 2nd Amendment which was done by the Judiciary Committee of the Senate. In the book he said that it was locked away & never releaed. For grins I did a search on the internet & found it - you can buy it on Amazon.com for around $10. Senator Orin Hatch was primarily responsible for this very solid piece of evidence that the 2nd was always meant to be an individual right.

If someone has a way to contact Hatch, it might be a good time to suggest another in-depth review of the origins of the commerce clause & the intent of the founders. And then it should be used in the Supreme Court to get Healthcare & maybe Welfare & a number of other federal programs canceled as unconstitutional.

[Sleeping Freeper]

It’s doubtful that Feinstein has ever been a student of the Constitution. The fact that she even references the Constitution in any statement is about as close to the document as she ever gets....

[Rick_Michael]

Is there a court case in particular that does that?

[IMissPresidentReagan]

Diane Fienstein is an idiot, as are the other 59 Senators, who apparently believe the papers that founded this country are “living and breathing”. The interstate commerce clause was never intended to swell as large as it has to encompass everything, but when you reflect on the history of the Constitution and this country you also realize that the First Amendment's prohibition of an “establishment of religion” has also been bastardized. 7 of the original 13 states had established religions because the intent of the Founding Fathers was that the prohibitions be applicable ONLY to the FEDERAL government, not to the state governments at large. It's clear the interstate commerce clause was no exception. It was meant to restrict what the Federal government could interefere in rather than be inclusive; however, while it had been stretched throughout history, FDR did his damnedest to expand the ICC beyond belief, and it appears as Obama wants to finish the job of dismantling the impediments the Constitution put up to prevent our Federal government from turning into an all out tyrannical and oppressive government.

Liberals thoroughout history have done everything in the power to expand the Constitution of our country to the point that it virtually has no meaning, especially when it comes to applying the restrictions to the Federal government. The Founding Fathers were so concerned about an overreaching, overbearing Federal government, they sought to restrict it, but Diane Fienstein and the morons in the Senate are not only ignorant of basic Constitutional concepts, they are ignorant of history as well. They don't give a damn what the intent of the founding fathers was, especially if it stands in the way of their desire and lust for power.

[screaminsunshine]

Oh I hope I did not impune all lawyers. By best girl is in Law School and working for my favorite cause. The innocence project. In the end it is going to be up to us. We have had far worse crisis than what we face today. I do not see the Constitution being compatible with Progressive Socialism. I see an electorate with no ties to our history or any understanding of Liberty.

[screaminsunshine]

The Health Bill has smoked them out for what they really are. Enemys of our Constitution.

[Founding Father]

The Willard case discussed above a few posts after mine.

[Blood of Tyrants]

The Rats and quite a few Republicans believe that outside of freedom of the liberal press, there are no limits to the power of the federal government.

[TexasFreeper2009]

Republican need to start thinking of all the things they can force liberals to buy with federal legislation...

hmm ...

any ideas? maybe force every American to buy Going Rogue?

ROFL!

[Michael Barnes]

Yeah, theres that.

Could also mean Obamacare is gonna screw you in the arse.

But it might be the way I'm looking at it.

[rockinqsranch]

“They don’t give a damn what the intent of the founding fathers was, especially if it stands in the way of their desire and lust for power.”

I believe that’s the point, and the reason why the Leftists claim, and actually they believe the Constitution to be a “living, breathing document” they can therefore manipulate at their will.

To the Left laws are for others, not them. That’s why they haven’t any qualms at all ignoring them, or if a law happens to stand in their way circumvent it.

[browniexyz]

COrrect. And there IS no “national government” under our Constitution that can enact “national health care.” Rather, as Mr. Robinson points out, there are 50 sovereign states which agree that for certain FUNCTIONS, such as military defense, a federal representative republic can operate. America is DIFFERENT, everybody!!! Our country is NOT like the others that have enacted “national” health care. And by the way, let’s look at where our government has operated (no pun intended) in health care: The Bureau of Indian Affairs, and the Veterans Administration. There you go, shining examples of what government medicine can accomplish! End of story—or it would be if DC weren’t full of crooks and their “perception management” teams (people who are paid big bucks to CREATE and DISSEMINATE lies).

[sionnsar]

I think you might be qualified to weigh in on this! *\;-)

[Postman]

The tree of liberty needs watering......soon

[UnbelievingScumOnTheOtherSide]

Exactly. Both Liberals and most "conservatives" want to use the expansive commerce clause for their own purposes. I've pointed the same out that even
SCALIA IS A NEW DEALER
when the subject is regulation of marijuana and other drugs. So are most "FReepers". They don't have the guts to go through another Prohibition Amendment. But this back door approach doesn't work any better even though they enforce bad law even more tenaciously.