SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : American Presidential Politics and foreign affairs

 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
To: DuckTapeSunroof who wrote (39194)12/3/2009 4:39:19 PM
From: TimF  Read Replies (2) of 71588
 
A bloated 'Commerce Clause' courtesy of the post WW II U.S. Supreme Court:

Yes that's certainly what we have gotten, and the article you quote provides several good examples.

If reforming health care isn’t considered good for the nation’s general welfare

And a bloated "general welfare" clause. If "promote the general welfare", in the preamble, is fully active (and not considered something to frame or support the specific powers given to the feds in the body of the constitution), and is interpreted broadly, than it becomes a "congress can do anything it wants to do" clause, or at least a "congress can do anything that isn't expressly prohibited in the constitution" clause.

Another clause that's abused is the "necessary and proper" clause.

if the effect it has on the economy isn’t considered a matter of interstate commerce

Having some effect on interstate commerce, doesn't mean that something is itself interstate commerce. Congress has no business regulating much of the intrastate commerce, and even non-commercial activity, as "interstate commerce".
Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext