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Author Topic: Do we have a license to engage in interstate commerce?  (Read 12425 times)

tortuga

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Re: Do we have a license to engage in interstate commerce?
« Reply #15 on: January 25, 2014, 02:54:19 am »

My understanding has been that the intent was to prevent the States from regulating against each other, which incidentally is the one thing that the ICC is not used for today.
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John Edward Mercier

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Re: Do we have a license to engage in interstate commerce?
« Reply #16 on: January 26, 2014, 03:30:13 pm »

Then it would have been found in the US Constitution under a following section that was used to list prohibitions against the States.
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tortuga

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Re: Do we have a license to engage in interstate commerce?
« Reply #17 on: January 27, 2014, 06:13:42 am »

I am pretty sure there are other parts that mention that they cant do that, while the ICC is meant to grant Congress the power to enforce it. There is no other logical explanation for it, especially given the historical context of states acting against each other. The ICC was meant to be a free trade agreement.
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John Edward Mercier

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Re: Do we have a license to engage in interstate commerce?
« Reply #18 on: January 27, 2014, 10:38:16 pm »

If it were in Section Ten, the Commerce Clause would be unnecessary. Enforcement is the purview of the Executive Branch.
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KBCraig

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Re: Do we have a license to engage in interstate commerce?
« Reply #19 on: February 05, 2014, 12:56:34 pm »

Article I, Section 8, Clause 3:[3]

(The Congress shall have Power) To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;


The intent was perfectly clear to the founders, and should be today as well: since this power is specifically delegated to the Congress, regulating interstate commerce is not within the several states' powers.

It took a hundred years of lawyers wanting it to mean something else, until by 1937 it was twisted beyond all recognition.
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tortuga

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Re: Do we have a license to engage in interstate commerce?
« Reply #20 on: February 24, 2014, 07:07:35 pm »

Article I, Section 8, Clause 3:[3]

(The Congress shall have Power) To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;


The intent was perfectly clear to the founders, and should be today as well: since this power is specifically delegated to the Congress, regulating interstate commerce is not within the several states' powers.

It took a hundred years of lawyers wanting it to mean something else, until by 1937 it was twisted beyond all recognition.

Well, it meant commerce between states. If you are commercing within a state, the state handles it. Of course, yea, it was contrived beyond all sane reality with that wheat case. "hur dur growing wheat in one state affects commerce in another state". Of course, we could also go with what Lysander Spooner said "The constitution has either been powerless to prevent this government or was designed to enable it." (paraphrased)
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John Edward Mercier

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Re: Do we have a license to engage in interstate commerce?
« Reply #21 on: February 25, 2014, 12:30:57 am »

The wheat case was based on a federal subsidy a.k.a 'contract'

We see that in many instances in current NH statute and arguments. People want the money, just don't want to follow the contract.
The Legislature or Executive Council could argue that the contract is a violation of restrictions placed on government under NH Con Part First Article Seven - but going that route opens all sorts of unhappiness for either party. So both sides tends towards an ideological dishonesty.


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MaineShark

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Re: Do we have a license to engage in interstate commerce?
« Reply #22 on: March 27, 2014, 09:33:57 am »

Article I, Section 8, Clause 3:[3]

(The Congress shall have Power) To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;


The intent was perfectly clear to the founders, and should be today as well: since this power is specifically delegated to the Congress, regulating interstate commerce is not within the several states' powers.

It took a hundred years of lawyers wanting it to mean something else, until by 1937 it was twisted beyond all recognition.

And, we can even "ask" them:

Quote
“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.”
(Thomas Jefferson to George Washington - 1791)
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