Reimagining Commerce Powers of US Gov

[ZSorenson]

There has been a lot of discussion lately about how to respond to the recent passage of 'health care reform'. Much of that discussion has focused on what is or is not constitutional. It seems that neither political party has the moral authority or intellectual sophistication to even bother with the issue behind constitutionality: individuality rights. Still, there's a lot of discussion about how to interpret what the Constitution says about Congress' power to regulate interstate commerce.

I'm not sure whether this passes as any sort of possible interpretation of the current wording, but I have an idea which I think is in line with the spirit of why the Articles of Confederation were considered insufficient. That is, the need for the Constitution seemed more to do with preventing barriers to commerce. So, I won't say I'm interpreting or reinterpreting, instead I'm reimagining this issue.

What if the power to regulate commerce by Congress was explicitly limited to Congress having only the power to strike down economic regulation by the states when they imposed regulations on those entities engaging in interstate trade? Though not ideal, assume Congress still has its income tax and spending powers. This subtle change would allow a lot of the messier infrastructure of the state to remain, while providing a whole lot of breathing room for economic activity.

Please comment on what your ideas would be for dealing with a Congress assuming powers beyond the intent of the Constitution visavis individual rights. Or is it hopeless, a matter of electing the right people, and yes therefore hopeless?

[Maximus]

The Interstate Commerce Clause was originally intended to prevent restrictive tariffs imposed on goods shipped between the several states. That's it. It would require a major change in the philosophy of governance to reverse the trend toward statism that we now are subject to. I do not see this happening, even if the current political majority is reversed, after all, the Republican leadership has already said that they will not push for repeal of the so-called Health Care legislation. So, I see the situation as pretty much hopeless right now. We can continue to fight, but I am afraid it is only delaying the inevitable.

[Black Wolf]

Semi-related to this thread:

It's worth noting that when our forefathers spoke ill of corporations, they were not referring to the corporations of today, ie: corporations that you may voluntarily trade with. They were referring to feudal corporations, ie: feudalism. This is a heads up for those of you who had to deal with liberals who try to interpret our forefather's intellectual product in a way that makes it seem like they're actually pushing for their ideas.

EDIT: I'm sorry, this isn't related to the thread at all.

What would we have to do? The easiest thing I can think of would be passing a law that would automatically nullify any bills that are over 1,00 pages in length.

Edited April 3, 2010 by Black Wolf