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To: Ray76
In light of your advocacy for judicial restraint and deference to Congress, what is your understanding of the scope of congressional power under Article I of the Constitution, in particular, the Commerce Clause, and under Section 5 of the Fourteenth Amendment?

My understanding of the Commerce Clause, Article 1, sec. 8,3 is that congress is given the authority to regulate commerce between the US and foreign nations as well as between the states. All congressional laws regarding commerce are to be equally applied to all states. This power does not give the congress power to control ALL commerce within or between states, only to ensure that it is regulated such that no state or group of states are imposing tariffs on other states for goods that pass into or through their borders.

Regarding the 14th amendment, I'm not sure what you're asking me, but I don't believe that the 14th amendment was properly ratified.
12 posted on 02/07/2017 7:11:43 PM PST by Sopater (Is it not lawful for me to do what I will with mine own? - Matthew 20:15a)
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To: Sopater

He cited Gonzales v. Raich (https://scholar.google.com/scholar_case?case=15647611274064109718), a case about a person who grew marijuana for themselves. The marijuana was never sold and it never crossed state lines. The federal government claimed the Commerce Clause authorized the regulation/criminalization due to “the enforcement difficulties that attend distinguishing between marijuana cultivated locally and marijuana grown elsewhere”. Sounds reasonable.

Returning to Gorsuch’s confirmation written response: There the Court made clear that “Congress’ power to regulate purely local activities that are part of an economic ‘class of activities’ that have a substantial effect on interstate commerce is firmly established.” [] If confirmed, I would enforce these Supreme Court rulings fully

This all stems from Wickard v. Filburn. Filburn grew wheat for his own use on his farm (he raised cattle and chicken). The Court’s reasoning was that the aggregate impact of farmers growing wheat for their own use would have an effect on interstate commerce, therefore it was subject to regulation under the Commerce Clause.

I’m not thrilled by Wickard, or Gorsuch’s enthusiasm for precedent rather than the Constitution. Unfortunately this mindset is endemic. I pray he is like Scalia or Thomas.


13 posted on 02/07/2017 8:04:22 PM PST by Ray76 (DRAIN THE SWAMP)
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