Notes on the Commerce Clause: Madison at the 1787 Convention

CONVENTION OF 1787. Farrand, Max, ed. The Records of the Federal Convention of 1787.

The want of authy. in Congs. to regulate Commerce had produced in Foreign nations particularly G. B. a monopolizing policy injurious to the trade of the U. S. and destructive to their navigation; the imbecility and anticipated dissolution of the Confederacy extinguishg. all apprehensions of a Countervailing policy on the part of the U. States.


Surprisingly, FDA gets the commerce clause right?

A May 16th Food and Drug Administration news release reported that U.S. Marshals had seized more than $11,185,000 worth of unapproved drugs. They did this at the request of the FDA because the medications are unapproved and misbranded drugs under the Federal Food, Drug, and Cosmetic Act.

The FDA complaint for forfeiture in paragraph 3 states, “articles of drug, as described in the caption, which articles were shipped in interstate commerce from outside the state of Ohio.”