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
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.