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.”

Details

Bill Proposed To Keep Federal Hands Off Alabama-Produced Firearms

There has been a growing number of states recently looking to pass laws that nullify overreaching federal intrusions on Second Amendment rights with Alabama being one of the latest states looking to protect the natural rights of its citizens. Alabama Senate Bill 43 is called the ‘Firearms Freedom Act’ and it intends to ‘exempt from…

Details

South Carolina reps see the light on Commerce Clause

Two state representatives in South Carolina are pushing back against a federal ban of incandescent light bulbs set to begin in January of 2012. There is no constitutional authority for Congress to impose such a ban on the citizens of the several states, and it’s nice that South Carolina noticed. From NetRightDaily: “State Representatives Sandifer and Loftis are taking the lead…

Details

The Commerce Clause super precedent

Ken Cuccinelli, Attorney-General for the State of Virginia, makes a cogent point in his interview with CNSNews.com regarding the Commerce Clause of our federal constitution: Would the newly freed citizens of the 13 States have given the federal Congress and president more power to regulate their commercial activity in the Constitution of 1787 than the Crown and Parliament of Great Britain exercised over them when they were colonists? The answer of course is No. To quote Cuccinelli, ‘Otherwise, why rebel?’

Details

The Power to Create is not the Power to Enforce

The commerce clause is being used to by the federal government to regulate the economic aspect of our lives.  It claims it has the right to establish laws that regulate how businesses conduct themselves.   This is not correct because the commerce clause was always meant to break down trade barriers that states may attempt to impose onto each other.

Now lets assume, for the sake of argument, that the federal government’s interpretation is correct and look at one particular enumerated power which is the power to tax.

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;

This gives congress two powers which are the power to lay taxes and the power to collect taxes.   The power to lay taxes is the power to establish laws that demand citizens pay taxes while the power to collect taxes is the power to establish laws that actually do collect taxes.   Without the power to collect taxes the federal government wouldn’t have the ability to collect them and under the tenth amendment that power would fall to the states. 

Details