The US Constitution: the commerce clause. Class in session
Posted on: February 15, 2017 at 09:44:43 CT
pickle
MU
Posts:
265803
Member For:
25.79 yrs
Level:
User
M.O.B. Votes:
0
Article I, Section 8:
"The Congress shall have power...to regulate commerce with foreign nations, and among the several states, and with the Indian tribes"
First up is the word regulate. Remember that the Constitution is a dead document, which means that the words and phrases as they were known and understood at the time of writing, debates, and ratification are to be applied. NOT contemporary use.
Regulate meant to maintain, keep regular, calibrated, highly functioning (or trained, such as a "well-regulated militia"). This is the proper meaning of the word when holding government to the Constitution and recognizing what is and what isn't constitutional. It does not mean control or govern. The goal was to not restrict commerce, not put the gvmt in control of commerce.
Next up notice the prepositional objects in the clause. There are only three: nations, states, tribes. In other words, governments. Not individuals, not business, but governments.
If it's not mentioned, the federal government does not have constitutional authority. The Constitution is a dead document