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. 

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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…

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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…

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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…

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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…

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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…

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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.”

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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…

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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…

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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…

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