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Politics : American Presidential Politics and foreign affairs
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To: DuckTapeSunroof who wrote (38465)11/12/2009 5:52:54 PM
From: TimF  Read Replies (1) of 71588
 
would be PREEMPTED and SUPERSEDED by an over-arching federal authority which would deprecate the existing State power

Your conflating the issues about whether the feds get more power over the states (or things the states now mostly control), with the issue of the interstate commerce clause. That's understandable, their closely related issues, and issues with impact on each other, but they aren't the same issue.

If the feds kept the states from regulating in this area or limited their authority to a greater degree than it does now, than yes the feds would be exercising more power here and the states less. But the power the feds would be exercising would be one that its constitutionally empowered to exercise, not just but overblown court interpretations but the the constitution even without such exaggeration by the courts. It would be exercising regulation of actual interstate commerce. So there really isn't a constitutional issue here. We are still left with issues about whether it would be a good idea or otherwise appropriate for the federal government to exercise its constitutional power in this way (not everything that's constitutional is appropriate, and certainly not everything that's constitutional is beneficial), but that's not a constitutional issue any more, but one of practicality and ordinary politics.
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