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 [...]
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 [...]
Wheat, Weed, and ObamaCare
From Reason.TV – “How the Commerce Clause Made Congress All-Powerful”
Yarmuth stumbles into the truth
Every line of thought moves toward a logical conclusion. But few ever carry their thinking far enough to grasp the ultimate ramifications of their ideas. In a recent radio interview, Congressman John Yarmuth (D-Ky.) inadvertently walked right up to the edge of the cliff waiting for those who hold to the progressive notion of a [...]
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 [...]
More Commerce Clause Clownery
Several months ago, I wrote a blog post titled, “Commerce Clause Gives Federal Government the Power to do Everything.” Whenever politicians are questioned about their totalitarian actions and asked what gives them the power to commence such actions, they have one standard response: the interstate commerce clause. This is the established response of politicians and [...]
The Constitutional Case Against The Federal Sports Gambling Ban
The Federal ban on sports betting has been blasted by anyone who knows anything about the subject for a number of different reasons. Though the US professional leagues suggest that sports betting threatens the integrity of their games, the opposite is the case. This is important because there would still be no shortage of outlets [...]
Reclaiming the Commerce Clause in Virginia
For decades, using a tortured definition of interstate commerce, Congress has tried to regulate everything, from wheat grown on an individual’s own land for personal consumption, to weed grown in an individual’s own home for the same purpose. Unfortunately (with some notable dissenters aside), the Supreme Court has largely condoned and encouraged such reprehensible legislative [...]
South Carolina to Ban Federal Currency?
Imagine my shock upon opening the Drudge Report this morning and seeing this article from CBSNews.com: South Carolina Rep. Mike Pitts has introduced legislation that would mandate that gold and silver coins replace federal currency as legal tender in his state. In an interview, Pitts told Hotsheet that he believes that “if the federal government [...]
An Unlikely States Rights Ally Medical Marijuana!
Editor’s Note: Scheduled to be introduced in Maryland next week – a bill to make medical marijuana legal within the state. This is classic federal government paint with a “broad brush” methodology and it’s good to see my home state taking a stand. While I am firmly against drug misuse, the federal government really has [...]
Health Care Mandates are Constitutional? Not Even Close
“Congress has power to specify rules to govern the manner by which people may exchange or trade goods from one state to another, to remove obstructions to domestic trade erected by states, and to both regulate and restrict the flow of goods to and from other nations (and the Indian tribes) for the purpose of promoting the domestic economy and foreign trade.”
Alabama Firearms Freedom Act: Saying No to Federal Gun Laws
Alabama State Representative Mac Gipson has introduced House Bill 48 (HB48), the “Firearms Freedom Act.” If passed, the bill would “exempt from federal regulation under the Commerce Clause of the United States Constitution a firearm, a firearm accessory, or ammunition manufactured and retained within the borders of Alabama.” While the FFA’s title focuses on federal [...]
Wyoming Legislators Seek to Nullify Federal Gun Laws
Wyoming State Representative David Miller has introduced a “Firearms Freedom Act” for the state – it’s filed as House Bill 28 (HB28). If passed, the will would provide “that specified firearms that are manufactured, sold, purchased, possessed and used exclusively within Wyoming shall be exempt from federal regulation, including registration requirements” Some supporters of the [...]
Will Wisconsin legalize medical marijuana?
An honest reading of the Constitution with an original understanding of the Founders and Ratifiers makes it quite clear that the federal government has no constitutional authority to override state laws on marijuana. All three branches of the federal government, however, have interpreted (and re-interpreted) the commerce clause of the Constitution to authorize them to [...]
Commerce Clause Gives Federal Government the Power to Do Everything
Recently, the ornery Nancy Pelosi was asked, by CNSNews: “Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?” The brilliant and philosophic Pelosi replied, “Are you serious? Are you serious?” From the CNSNews story: Currently, each of the five health care overhaul proposals being considered in [...]
The Tenth Amendment and the Supreme Court
As the Tenth Amendment becomes the platform to stop an over reaching federal government, do we trust the Supreme Court to be a fair arbiter? The Supreme Court, according to many constitutionalists, has been delinquent in its responsibility to protect the intention of the U.S. Constitution. Many past Supreme Court decisions have become bad precedent, [...]
Andrew Napolitano on Health Freedom
Judge Andrew Napolitano looks at health care and a justified use of Congress’ interstate commerce regulation power. Americans should be free to buy insurance across state lines.
Constitutional Wisdom from Randy Barnett
I haven’t been too friendly to some of the solutions that Randy Barnett has offered for the problems we face, but – in regards to an original understanding of the purpose and intention of the Constitution, you’d be hard-pressed to find someone better. His recent blog post over at Volokh, regarding his rebuttal at Politico.com [...]
