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To: inquest; MamaTexan
My understanding of the commerce clause is that it was to preclude protective tariffs (or their equivalent) between states. Such could be considered a State transaction.

Frankly, MamaTexan's interpretation does seem to be awfully narrow, but to admit much more opens the door to what we have today.

57 posted on 08/21/2005 2:34:53 PM PDT by Carry_Okie (There are people in power who are truly evil.)
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To: Carry_Okie
but to admit much more opens the door to what we have today.

No mere words would prevent what we have today, as the issue is willful illiteracy on the part of several of the Justices.

60 posted on 08/21/2005 2:52:08 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Carry_Okie; MamaTexan
My understanding of the commerce clause is that it was to preclude protective tariffs (or their equivalent) between states. Such could be considered a State transaction.

OK, I can see that. But what it seemed like MamaTexan was saying (please correct me if I'm wrong, MT) is that the clause pertained to actual commerce between the governments of two states, as if those governments themselves were parties to a transaction.

Aside from that, I can definitely respect the argument that the interstate commerce clause was not intended to be a source of federal control of any interstate transactions (governmental or non-governmental), but rather, as you say, a preventive measure against state interference in such transactions. Madison himself made the same argument.

67 posted on 08/21/2005 5:59:10 PM PDT by inquest (FTAA delenda est)
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To: Carry_Okie
My understanding of the commerce clause is that it was to preclude protective tariffs (or their equivalent) between states. Such could be considered a State transaction.

And there was a federal court system put in place to support that. If two states had a disagreement, they'd resolve in court instead of combat.

But now, the federal courts run around looking for cases. A bird might fly from one state to another so it's "interstate commerce"... indeed :(

130 posted on 08/24/2005 10:59:09 PM PDT by rec
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To: Carry_Okie
Frankly, MamaTexan's interpretation does seem to be awfully narrow

That's being mighty generous. Closer to absurd is more like it.

133 posted on 08/24/2005 11:14:22 PM PDT by Publius Valerius
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