Read the Commerce Clause in the Light Cast by the Other Parts of Our Constitution
By Publius Huldah
The parts of our federal Constitution are so interrelated that it is impossible to understand a single clause therein without considering all of the other provisions of our Constitution.
Article I, §8, clause 3, US Constitution, states:
“The Congress shall have Power … To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”
The original intent of the power to regulate commerce “among the several States” is proved here: Does the “interstate commerce” clause authorize Congress to force us to buy health insurance? That paper proves that the primary purpose of the power is to prohibit the States from imposing tolls and tariffs on articles of import and export – goods & commodities – merchandise – as they are transported through the States for purposes of buying and selling.
But recently, some have asserted that since “foreign Nations”, “the several States”, and “the Indian Tribes” are grouped together in the same clause, it necessarily follows that Congress’ power to “regulate commerce” with each of them is identical. And since Congress has broad powers over foreign commerce, they conclude that Congress has those same broad powers over interstate commerce, and may lawfully, for example, ban the movement of physical goods [such as firearms] across state lines.
So let’s look at that clause in the Light cast by the rest of the Constitution.
Three totally different and separate entities
Three entities are listed in the same clause at Art. I, §8, cl. 3; but we may not properly conclude that the extent and nature of the regulation permitted over the three entities are the same. That’s because each entity has a distinctly different status, and is treated accordingly in the Constitution.
The several States
The States are the sovereign entities which created the federal government when they ratified the Constitution. At Art. I, §10, the States agreed that they would not individually exercise the power to make commercial and trade treaties with foreign Nations; but would exercise that power collectively by delegating to the “creature” of the Constitution – the national government – the power to make such Treaties (Art. II, §2, cl. 2).
The States have a high status: They are The Members of the Federation the States created when they ratified our Constitution. The federal government is merely the “creature” of the constitutional compact the States made with each other when they ratified the Constitution and is completely subject to its terms.
Foreign Nations
Various provisions are relevant to the power the States delegated to Congress respecting commerce with foreign Nations:
- Pursuant to its treaty-making power granted at Art. II, §2, cl. 2, the United States may make treaties with foreign nations addressing a great many commercial and trade matters, territorial and fishing waters [our ships won’t fish within X miles of your shoreline, etc.], inspections of products, mutual assistance to merchant ships in distress at sea, assistance to each Party’s sick merchant seamen, etc.
- I, §8, cl. 1, grants to Congress the power to levy “Duties, Imposts [tariffs on imports] and Excises”. As they did with the infamous Tariff Act of 1828, Congress has the power to shut down imports from foreign Nations by imposing exorbitant tariffs.
- I, §8, cl. 10, grants to Congress the power to define Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations. Congress may ban or restrict commerce with foreign nations who fail to rein in their countrymen who are operating pirate ships or violate the Law of Nations.
- I, §8, cl. 11, grants to Congress the power to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water. Congress may restrict or ban commerce with warring foreign nations and their allies, and make rules about seizing their cargo (“bounty”).
- Imports and exports are unloaded and loaded at dockyards over which the federal government has (pursuant to Art. I, §8, next to the last clause) exclusive legislative authority. Congress may make whatever inspection laws need to be made to protect us from contaminated imports – such as agricultural products infested with bugs or diseases, other contaminated products, etc. [1]
So Congress’ power to “regulate commerce with foreign Nations” is exercised by means of Treaties the United States makes with foreign Nations, and by means of Laws made by Congress. In the course of exercising this delegated power, the Legislative and Executive Branches have broad authority to restrict or ban commerce with foreign Nations, and determine its parameters.
Congress has no such powers over the Member States.[2]
Indian Tribes
In Federalist No. 24 (10th & 11th paras), Hamilton speaks of the necessity of keeping small garrisons on our Western frontier which are necessary to protect “against the ravages and depredations of the Indians”; and that some of these posts (garrisons) “will be keys to the trade with the Indian nations.”
In Federalist No. 42 (11th para), Madison speaks of the unsettled status of Indians and says this has been a question of frequent perplexity and contention in the federal councils.
So! It is a clear misconstruction of Art. I, §8, cl. 3 to assert that Congress has the same power to regulate commerce between the Member States that it does to regulate commerce with foreign nations and the Indian Tribes.
James Madison’s letter of February 13, 1829, to J.C. Cabell
In Madison’s letter of February 13, 1829, to J.C. Cabell, he warns that the claim that the power to regulate commerce with the three entities is identical is superficially plausible but actually wrong.
He then says, as to the power to “regulate Commerce among the States”:
“… it is very certain that it grew out of the abuse* of the power by the importing States, in taxing the non-importing; and was intended as a negative & preventive provision against. injustice among the States themselves; rather than as a power to be used for the positive purposes of the General Govt. in which alone, however, the remedial power could be lodged. And it will be safer to leave the power with this key to it than to extend to it all the qualities & incidental means belonging to the power over foreign commerce…” [italics added]
*, see The Federalist No 42.”
So Madison warns that we better stick with the original understanding; and not interpret the clause to mean that the federal government has the same broad power over interstate commerce that it has over commerce with the foreign Nations and with the Indian Tribes.
Endnotes:
[1]- The fed gov’t can’t lawfully ban imports of guns and arms because (1) gun control is not an enumerated power delegated to the fed gov’t over the Country at Large, and (2) the 2nd Amendment prohibits the fed gov’t from infringing our right to keep and bear arms. A disarmed citizenry is inconsistent with Congress’ obligation, imposed by Art. I, §8, cls 15 & 16, to provide for the arming and training of the Militia of the several States. To see what it was like when we elected to Congresspeople who knew and obeyed our Constitution, read the Militia Act of 1792. But until We The People learn our Constitution, we will continue to elect ignoramuses to Congress. We cannot be ignorant and free – and you can’t see that a candidate is ignorant unless you are knowledgeable.
[2]- Domestically, Congress has the power to impose excise taxes on specific articles in commerce. For a discussion of “imposts”, “excises” and the Whiskey Rebellion, see The Plot to Impose a National Sales Tax or Value Added Tax.
One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)
"FIGHTING FOR FREEDOM AND LIBERTY"
and is protected speech pursuant to the "unalienable rights" of all men, and the First (and Second) Amendment to the Constitution of the United States of America, In God we trust
Stand Up To Government Corruption and Hypocrisy
Knowledge Is Power And Information is Liberating: The FRIENDS OF LIBERTY BLOG GROUPS are non-profit blogs dedicated to bringing as much truth as possible to the readers.
Knowledge Is Power And Information is Liberating: The FRIENDS OF LIBERTY BLOG GROUPS are non-profit blogs dedicated to bringing as much truth as possible to the readers.
NEVER FORGET THE SACRIFICES
BY OUR VETERANS
Note: We at The Patriot cannot make any warranties about the completeness, reliability, and accuracy of this information.
Don't forget to follow the Friends Of Liberty on Facebook and our Page also Pinterest, Twitter, Tumblr, Me We and PLEASE help spread the word by sharing our articles on your favorite social networks.
LibertygroupFreedom 
The Patriot is a non-partisan, non-profit organization with the mission to Educate, protect and defend individual freedoms and individual rights.
Support the Trump Presidency and help us fight Liberal Media Bias. Please LIKE and SHARE this story on Facebook or Twitter.
WE THE PEOPLE
TOGETHER WE WILL MAKE AMERICA GREAT AGAIN!
Join The Resistance and Share This Article Now!
TOGETHER WE WILL MAKE AMERICA GREAT AGAIN!
Help us spread the word about THE PATRIOT Blog we're reaching millions help us reach millions more.
Help us spread the word about THE PATRIOT Blog we're reaching millions help us reach millions more.
Please SHARE this now! The Crooked Liberal Media will hide and distort the truth. It’s up to us, Trump social media warriors, to get the truth out. If we don’t, no one will!
Share this story on Facebook and let us know because we want to hear YOUR voice!
Facebook has greatly reduced the distribution of our stories in our readers' newsfeeds and is instead promoting mainstream media sources. When you share with your friends, however, you greatly help distribute our content. Please take a moment and consider sharing this article with your friends and family. Thank you
◈ ◈ ◈ ◈ ◈ ◈ ◈ ◈
Share this story on Facebook and let us know because we want to hear YOUR voice!
Facebook has greatly reduced the distribution of our stories in our readers' newsfeeds and is instead promoting mainstream media sources. When you share with your friends, however, you greatly help distribute our content. Please take a moment and consider sharing this article with your friends and family. Thank you
❦❧❧❦❧❦❧❦❧❦❧❦❧❦❧❦❧❦❧❦❧❦❧❦❧❦❧❦❧❦❧❦
For you see, the world is governed by very different personages from what is imagined by those who are not behind the scenes.
Coningsby: Or The New Generation And, The governments of the present day have to deal not merely with other governments, with emperors, kings, and ministers, but also with the secret societies which have everywhere their unscrupulous agents, and can at the last moment upset all the governments’ plans. — Benjamin Disraeli, Speech at Aylesbury, Great Britain, September 10, 1870
◈ ◈ ◈ ◈ ◈ ◈ ◈ ◈
No comments:
Post a Comment