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To: robertpaulsen
Do you believe the Founding Fathers would give Congress the power to regulate interstate commerce, yet allow the individual states to undermine and subvert their regulatory efforts?

If you're going to take an originalist approach to the issue, it's abundantly clear that that power was listed in the Constitution so as to take it away from the states, not to give Congress any new powers. There isn't a scintilla of evidence from the writings of either federalists or anti-federalists at the time that the purpose of the clause was to give the federal government any restrictive power over actual commercial transactions within the country. And accordingly Congress never tried to exercise such a power until 100 years after the Constitution went into effect.

33 posted on 12/17/2004 11:04:33 AM PST by inquest (Now is the time to remove the leftist influence from the GOP. "Unity" can wait.)
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To: inquest
Do you believe the Founding Fathers . . .

What I know is that the primary founding father, George Washington, maintained copious notes on the germination and growing of Cannabis at his estate, Mount Vernon.

Reference: Library of Congress.
42 posted on 12/17/2004 11:16:28 AM PST by Beckwith (John, you said I was going to be the First Lady, as of now, you're on the couch . . .)
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To: inquest
"... that the purpose of the clause was to give the federal government any restrictive power over actual commercial transactions within the country."

Scintilla? Perhaps more than that.

How about United States v. The William, 28 Fed. Cas. 614, no. 16,700 D.Mass. 1808, just 19 years after ratifcation?

"Further, the power to regulate commerce is not to be confined to the adoption of measures, exclusively beneficial to commerce itself, or tending to its advancement; but, in our national system, as in all modern sovereignties, it is also to be considered as an instrument for other purposes of general policy and interest."

Now, surely there were a few Founding Fathers alive in 1808 to say, "Hey, that's not what we meant!". Did anyone say that?

Are you saying that since Congress didn't exercise their power for 100 years that they never had that power? I hope that's not your logic or your argument.

67 posted on 12/17/2004 11:56:18 AM PST by robertpaulsen
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