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. Continue Reading →