Reason.tv recently produced a video concerning the oft invoked but seldom understood Commerce Clause:
Reason Magazine Contributor Austin Bragg writes:
The Commerce Clause of the U.S. Constitution grants Congress the power to “regulate commerce . . . among the several States,” and for more than 100 years federal lawmakers invoked it for a very narrow purpose—to prevent states from imposing trade barriers on each other. But today members of Congress act as if it gives them the authority to do just about anything—including forcing you to eat your vegetables.
Many people falsely interpret the Commerce Clause to mean that the federal government has the power to regulate any business transaction that takes place across state lines. However, the Federalist Papers clearly explain (here and here) that this clause had nothing to do with imposing government regulations and everything to do with preventing states from imposing duties, tariffs, and other protectionist measures against one another.
UPDATE: Please refer to my comment below to read my take as to how the Orwellian Wickard v. Filburn U.S. Supreme Court ruling contributed to this Commerce Clause confusion (condensed version: Growing wheat that never leaves your property constitutes “interstate commerce”—or at least it did in the eyes of the 1942 U.S. Supreme Court).
Birthplace: San Diego, CA
Birthdate: That’s for me to know
Political Party: Independent
Political Philosophy: Libertarian-liberal