Tuesday, November 20, 2012

The Commerce Clause.

This Commerce clause thing has been knocked around a lot lot these past few months in the Obamacare wave, and the Supreme Court has even flexed its twisted muscle and said "We have the final say so in this matter. And we say it's Constitutional." Oh, really? Aren't these guys supposed to know history? I just read a quote from Martin Luther. He said, "....this life is not the dwelling place of righteousness." True that. History teaches us, when it comes to government doing the right thing for its people, we'd best  lower our expectations. At least I have. Call it cynicism. I call it reality.
     But let's be idealists for a moment, if perhaps it could give us a little comfort at least in knowing how things were meant to be. What is this Commerce clause? 

 (Article 1, Sect. 8, Clause 3)
Congress shall have the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

·         “Regulate”, not “legislate”. Regulate means to make regular.
        “Among”, not “within”. Among means between the states; interstate, not intra-state.

·         U.S. Code of Federal Regulations – Title 49, Sect. 10501
                                -  http://us-code.vlex.com/vid/sec-general-jurisdiction-19260387
          Limits Congress’ regulatory jurisdiction to commercial interstate transportation.
        Original intent - Congress given the power to resolve trade conflicts and to insure a free trade zone between the states. That's it. Congress nor the President has the authority to make any kind of domestic policy within any State of the Union, except in the realm of interstate commercial transportation, and that limited to railroad. Yes, we've been had.....for a long time.


  1. How is Congress using this clause?

  2. Congress uses it to say it is authorized to regulate or make laws for any business in any state. A prime example of how misinterpretation of the law, whether accidental or intentional, leads to abuse of power and chaos.