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

To: Cold Heat
From Joseph Story's Commentaries on the Constitution

"The question comes to this, whether a power, exclusively for the regulation of commerce, is a power for the regulation of manufactures? The statement of such a question would seem to involve its own answer. Can a power, granted for one purpose, be transferred to another? If it can, where is the limitation in the constitution? Are not commerce and manufactures as distinct, as commerce and agriculture? If they are, how can a power to regulate one arise from a power to regulate the other? It is true, that commerce and manufactures are, or may be, intimately connected with each other. A regulation of one may injuriously or beneficially affect the other. 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. "

177 posted on 11/12/2015 11:56:14 AM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
[ Post Reply | Private Reply | To 176 | View Replies ]


To: tacticalogic

Now you are jumping into the Commerce language...

If you want to challenge that, then you had better have a case that you will eventually take to SCOTUS where you will likely lose.

But you have every right to try.

Have at it...But I think it’s already been done..or tried. I’m not a lawyer so I don’t have access to case law going back decades. if I was a lawyer, I would start with that.


180 posted on 11/12/2015 12:06:39 PM PST by Cold Heat
[ Post Reply | Private Reply | To 177 | 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