Friday, January 7, 2011

Any Takers?

All of the histrionics regarding the expanding power of Congress and the out-of-control (read: democratically enacted) regulations for the public good really makes you wonder: what do the people who think that the Commerce Clause has been misinterpreted propose is the right interpretation of the Commerce Clause? So you don't have to go running for Article I §8, here it is:
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
What is your interpretation of that clause that prevents the government from regulating interstate corporations? What regulations are acceptable? What Supreme Court doctrine departs from the original meaning of the clause? Was Gibbons v. Ogden 22 U.S. 1 (1824) wrongly decided because it expanded the scope of Congressional authority to regulating intercourse among the several states as opposed only to trade?

I am genuinely curious.

This might be of interest to you: a brief overview of Commerce Clause doctrine.

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