TO REGULATE COMMERCE‚^ņ¶ By Carl F. Worden ¬†The most federally abused clause in the United States Constitution is the ‚^ņ^‹Commerce Clause‚^ņ^›, which is found in Section 8, paragraph 3.¬† Its intent was clearly spelled out by the Framers, to wit:¬†‚^ņ^‹The Congress shall have the power ‚^ņ¶ to regulate commerce with foreign nations, and among the several states, and with the Indian Tribes‚^ņ^›¬†To those of us who learned to read plain English before 1960, ‚^ņ^‹to regulate‚^ņ^› does not imply the Congress has the power to ban any form of commerce among¬†or within the several states.¬† It in no way implies that Congress has the power to interfere with tort claims in any way related to such commerce among or within the several states.¬†Because the Commerce Clause does not give Congress the power to ban any form of commerce among, and certainly not within the several states, but only to regulate it, the federal government needed a constitutional amendment giving it the power to enforce federal laws banning the manufacture and distribution of alcohol during Prohibition.¬† When the bitter lessons of Prohibition had fully manifested themselves, Prohibition was canceled and the associated constitutional amendment was repealed.¬†Under the laws of our Constitution, that was as it should be.¬†But today, the Commerce Clause is being outrageously abused as the ‚^ņ^‹authority‚^ņ^› to give the federal government the power to prosecute the War On Drugs within the several states, as well as to allow the federal government to pass laws forbidding tort claims by individuals, cities, counties and states, that are deemed ‚^ņ^‹frivolous‚^ņ^›.¬† ¬†Pending legislation to prohibit such ‚^ņ^‹frivolous‚^ņ^› lawsuits against gun manufacturers has been vigorously opposed by strict constitutionalist and pro-gun Representative Ron Paul.¬† Paul sees this as a states' rights issue under Article X of the Bill of Rights, and I for one applaud him for it.¬†The federal government has no such power given it by the Commerce Clause.¬† They just took that power, blithely claiming that authority, and nobody cared ‚^ņ^” usually because each test incursion was for a ‚^ņ^‹good thing‚^ņ^›.¬†Beware of that.¬†In point of fact, there is no constitutional difference between the interstate and intrastate commerce that occurs when one stops by the liquor store to by a bottle of Jack Daniels, or when one stops by the street corner to buy heroin.¬† Both are forms of commerce, and almost all those retail sales take place within the state, and not among the states, and it is only the substances that differ.¬†I have often observed that those who now admit that Prohibition was a mistake, will still staunchly insist the War On Drugs isn‚^ņ^Ŕt.¬† There‚^ņ^Ŕs not a damn bit of difference between the two, and we are experiencing the exact same problems now as those our forefathers experienced back then.¬†It never ceases to amaze me just how stupid some people can be.¬†The Commerce Clause allows federal regulation among the several states, and not within them, so how come the federal government is prosecuting the War On Drugs without being required to pass the same kind of constitutional amendment they knew they needed when they wanted to prosecute the War On Booze?¬† Hmm??¬†Answer:¬† They just did it, and that is one reason why we have a Constitution that is in tatters today.¬†In a Capitalist economy, virtually everything that takes place has a basis in commerce.¬† When you buy a house, a dog, a gun, or even an abortion, you are engaging in commerce.¬† If we accept the notion that the Commerce Clause gives the Congress the right, not only to regulate commerce among the several states, but to ban certain forms of commerce, both among and within the several states, then the Congress has the right to regulate or ban any form of commerce taking place anywhere in America in any form.¬† Do you see where I‚^ņ^Ŕm going with this?¬† Heck, this should concern even the pro-choice crowd!¬† Think about it‚^ņ¶¬†The Commerce Clause has only begun to be abused, and it is high time for a constitutional challenge to be brought before the United States Supreme Court to rein in these federal incursions.¬† If we don‚^ņ^Ŕt, the Commerce Clause will eventually be used as the excuse to ‚^ņ^‹regulate‚^ņ^› every aspect of our lives that can possibly be connected to a form of commerce ‚^ņ^” and that means almost everything we do.¬†Food for thought, for the truly thoughtful.¬† *COPYRIGHT NOTICE** In accordance with Title 17 U. S. C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment to those who have expressed a prior interest in receiving the included information for nonprofit research and educational purposes only. To those who have taken the Oath, Remember the Oath! To those who have not and believe in the Constitution, Take a similar Oath now to the Constitution! Remember that those who make laws contrary to the Constitution, Those who enforce laws contrary to the Constitution, And those who give orders contrary to the Constitution, Have become domestic enemies of the Constitution! It doesn't take a Judge or a lawyer to know the difference! "I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I WILL SUPPORT AND DEFEND THE CONSTITUTION OF THE UNITED STATES AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC; THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE SAME; AND THAT I WILL OBEY THE ORDERS OF THE PRESIDENT OF THE UNITED STATES AND THE ORDERS OF THE OFFICERS APPOINTED OVER ME, ACCORDING TO REGULATIONS AND THE UNIFORM CODE OF MILITARY JUSTICE. SO HELP ME GOD."
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