Commerce Clause Article I, Sec 8 The Congress shall have power To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States
Commerce Clause Article I, Sec 8, Clause 3 To regulate Commerce with foreign Nations, and among the several States
Historical Background States had regulations designed to promote local prosperity at the expense of the general welfare – New York demanded oppressive duties on all imports coming through shipping channels – Virginia one of the worse offenders
Historical Background Founders original emphasis was on commerce not regulation Early court cases dealt with restrictions against states in their attempts to interfere with commerce in order to gain some special advantage.
Shift in Emphasis From Commerce to Regulation Supreme Court redefines – What regulations cover – How regulate – Pgs 402, Making of America
Progression of Abuse Regulation of railroads (1873, 1885 Panic) – Interstate Commerce Commission – Determine rates Regulate all transportation – Transportation Acts, 1920, 1940 – Pg 403, Making of America All Interstate Transportation & Communication – Various Commissions and Acts (1930s) – Pg 403, Making of America
Progression of Abuse Labor Relations – Safety, Strikes, Wage, Hours, Working Conditions – 1900 thru 1930s Price Regulations – Fix prices Bailouts – 2009 Original Intent ??
Whats the Solution Two Arguments – Limited vs Unlimited Fed power – Pg 406, Making of America Same as general welfare clause – Unlimited wipes out states rights Pg 409, Making of America – States must take back their rights Impact of Doctrine Today
Misc items Educate yourself – The 5000 Year Leap, W.Cleon Skousen – The Making of America, W. Cleon Skousen – http://www.meetup.com/Constitutional-Study-Group-Loudoun- County-VA/ (social) http://www.meetup.com/Constitutional-Study-Group-Loudoun- County-VA/
Break Refreshment Time!! Introduce yourself to someone