How About A Sanity Clause?

I found a page at the Senate web site that has the text of the Constitution in the left column, with a “play by play” description and discussion of it in the right column.  I was looking for the exact text of the commerce clause, which says:

[The Congress shall have Power...]

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

In other words, with respect to interstate commerce, it says “Congress shall have the power to regulate commerce among the states.”

Period.

The Senate’s interpretation/description alongside it reads:

The “commerce clauseâ€? is one of the most far-reaching grants of power to Congress.  Interstate commerce covers all movement of people and things across state lines, and every form of communication and transportation.  The commerce clause has permitted a wide variety of federal laws, from the regulation of business to outlawing of racial segregation.  The “Indian commerce clauseâ€? has become the main source of power for congressional legislation dealing with Native Americans.

Emphasis added.

My reaction was along the lines of “WTF, over?”

All movement of people between states?  It says that how exactly?

And they’re proud of it!  They tout the whole power grab thing right there.  Amazing.  I’m not sure I want to read the rest of their helpful explanation of what each part of the Constitution means.  Well, okay, I scrolled down to the Second Amendment and found it strange too.  Couldn’t resist.

Sadly, the commerce clause with respect to interstate commerce should never have read as a power of Congress.  It should have read as a denial of power to the states without giving the feds authority either.  Something like: “the states shall not obstruct or regulate commerce among the several states.” That could be worded better, but it’s a start off the top of my head.

Apparently there has been far more of a grab of power from states and individuals in the name of the commerce clause then the mere intrastate regulation of wheat or marijuana.

1. So, out of curiosity, will Sanity Clause bring me presents for Christmas?

   I want an Aston Martin, Sanity Clause.

   Posted by zombyboy  on  06/08  at  05:55 PM

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