The Uses and Abuses of the Commerce Clause

There seems to be a fairly significant downside to a “living” Constitution: you can’t keep it from growing uncontrollably!  In the latest Constitutional Guidance for Lawmakers essay, David Forte outlines the staggering expansion in the reach of the Commerce Clause under the Progressives, from “The trafficking and trading of economic commodities” to “Any human activity or other phenomenon that has any ultimate impact on activities in more states than one.”

Under the latter interpretation, the Commerce Clause has been invoked to validate most of the vast regulatory expansion of the national government since the New Deal.  It is the responsibility of the 112th Congress, however, to restore the original intent of the Constitution – including the proper limitations of the Commerce Clause.

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Source material can be found at this site.

Posted in Financial, Freedoms and tagged , , , , , , , , , .

One Comment

  1. Article 1 Section 8 Clause 3 of the Constitution empowers Congress to regulate Commerce with foreign Nations and among several States and with the Indian Tribes. The term commerce as used in the Constitution means business or commercial exchanges in any and all of its forms between citizens of different states including purely social communications between citizens of different states by telegraph telephone or radio and the mere passage of persons from one state to another for either business or pleasure.

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