[quote]orion wrote:
JeffR wrote:
bota,
First of all, “BS” is in the eye of the beholder.
You (especially you) can’t decide what is BS unless the people speak.
We vest our power in our Representatives. They speak according to our wishes.
If the PEOPLE decide things are “BS” they change the document.
Is that so.
Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. Courts and commentators have tended to discuss each of these three areas as a separate power granted to Congress. It is common to see the Commerce Clause referred to as “the Foreign Commerce Clause”, “the Interstate Commerce Clause”, and “the Indian Commerce Clause”, each of which refers to the same single sentence in the constitution that covers all three.
The Tenth Amendment states that the federal government of the United States has only the powers specifically delegated to it by the Constitution. Other powers are reserved to the states, or to the people. The Commerce Clause is an important source of those powers delegated to Congress, and therefore its interpretation is very important in determining the scope of federal power in controlling innumerable aspects of American life.
And, here it comes:
In Wickard v. Filburn, (1942) the Court upheld the Agricultural Adjustment Act, stating that the act of growing wheat on one’s own land, for one’s own consumption, affected interstate commerce, and therefore under the Commerce Clause was subject to federal regulation.
This change in the Court’s decisions is often referred to as the Constitutional Revolution of 1937. [2] This expansion continued largely unabated until United States v. Lopez (1995).
The case:
The Court’s decision
The intended rationale of the Agricultural Adjustment Act is to stabilize the price of wheat on the national market. The federal government has the power to regulate interstate commerce through the Interstate Commerce Clause of the Constitution. In Filburn the Court unanimously reasoned that the power to regulate the price at which commerce occurs was inherent in the power to regulate commerce.
Filburn argued that since the excess wheat he produced was intended solely for home consumption it could not be regulated through the interstate commerce clause. The Supreme Court rejected this argument reasoning that if Filburn had not used home-grown wheat, he would have had to buy wheat on the open market. This effect on interstate commerce, the Court reasoned, may not be substantial from the actions of Filburn alone but through the cumulative actions of thousands of other farmers just like Filburn its effect would certainly become substantial. Therefore Congress could regulate wholly intrastate, non-commercial activity if such activity, viewed in the aggregate, would have a substantial effect on interstate commerce, even if the individual effects are trivial.
Wickard has often been seen as marking the end to any limits on Congress’s commerce clause powers. One commentator has written: �??In the wake of Jones & Laughlin and Wickard [v. Filburn], it has become clear that… Congress has authority to regulate virtually all private economic activity.�??[1]
This is the reason why the federal government still raids medical marijuana clinics, against he expressed will of the people and their representatives and what is even more important it is legalese bullshittery of the highest order in order to undermine the US constitution.
[/quote]
bota,
Interesting. Again, if more people thought this was BS they could take action.
What action? Win elections. Have candidates put their type of politicians in office in order to reform the justice system. Or gasp amend the Constitution to make it explicit what commerce entails.
The internet?
JeffR