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To: tacticalogic
post-FDR arguments

"The subject to which the power is next applied is to commerce among the several states. The word among means intermingled with. A thing which is among others is intermingled with them. Commerce among the states cannot stop at the external boundary line of each state, but may be introduced into the interior. It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states. Such a power would be inconvenient and is certainly unnecessary. Comprehensive as the word among is, it may very properly be restricted to that commerce which concerns more states than one."
-- Gibbons v. Ogden (1824)

Franklin D. Roosevelt was born on January 30, 1882

620 posted on 10/04/2002 9:37:35 AM PDT by Roscoe
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To: Roscoe
Gibbons v Ogden doesn't establish the existence of actual commerce as the basis for regulation or prohibition of posession as potential commerce. The CSA is unsupportable without it, and that authority wasn't established until Wickard.
626 posted on 10/04/2002 10:01:59 AM PDT by tacticalogic
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