Thomas Jefferson on the Commerce Clause One of the prime architects of Americas political system gives a valuable lesson in how to analyze and apply the Constitution. “For the power given to Congress by the Constitution does not extend to the internal regulation of the commerce of a State, (that is to say of the commerce between citizen and citizen,) which remain exclusively with its own legislature; but to its external commerce only, that is to say, its commerce with another State, or with foreign nations, or with the Indian tribes.” ... I consider the foundation of the Constitution as laid on this ground: That all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people. To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition. Of course, if the Federal Government took this point of view today, it would require wiping out 90% of its economic regulations, not to mention dissolving the Federal Reserve. Note, Jefferson was prompted to state this simply in considering the establishment of a National Bank in 1791. Imagine what he would say today about the encroaching establishment of National Socialism in America*, already half complete
Posted on: Mon, 18 Aug 2014 03:28:47 +0000
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