The View From 1776
Wednesday, July 15, 2009
The Supreme Court And The Commerce Clause
The Constitution’s commerce clause has been stretched beyond recognition to justify traveling the road to tyranny by obliterating the 9th and 10th Amendments in the Bill of Rights.
The Constitution’s Article I, Section. 8 says, inter alia:
“The Congress shall have Power…To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes…”
In the hearing for Supreme Court nominee Sonia Sotomayor, she was asked to comment upon the Constitution’s commerce clause. Senator Dianne Feinstein inquired about the extent to which the Court can restrain Congress’s use of the commerce clause to regulate anything and everything it lays eyes upon. As Senator Feinstein noted, that will become particularly important as Congress and executive branch regulatory bodies embark upon procrustean regulations under President Obama’s proposed “green” legislation.
Congressional Democrat/Socialists understandably want no Constitutional impediments to new New Deal laws and regulations that ignore citizens’ preferences while mandating, for example, what citizens may eat, which of their thoughts will be prosecuted as hate crimes, what sort of medical care they will be permitted to have, what kind of automobiles GM will be allowed to make, and what sort of automobiles citizens must purchase, along with how their homes must be constructed, heated, and cooled.
All such things can be subsumed under the commerce clause, as Congress interprets it, because almost any human activity can be said to have an effect upon interstate commerce.
Roughly 150 years’ Constitutional jurisprudence before the New Deal not withstanding, the liberal-progressive view is that Supreme Court cases in recent years have resulted in some deformity to the Constitution, to the extent that the Court