[robertpaulsen]

"Encouraging and facilitating commerce was intended between foreign countries"

President (and Founding Father) Thomas Jefferson and his Secretary of State, James Madison (who wrote the commerce clause) used it to prohibit foreign trade in 1808 -- so that can't be right.

They also used it to prohibit the sale of alcohol to the Indian tribes in 1802. So it appears that the definition of "to regulate" also includes "to prohibit".

"regulation of commerce among the states was only to remedy one state restricting navigation of another states commerce."

That certainly was how the commerce clause was used initially, yes. But I see nothing in the wording of the commerce clause that limits Congress to only the remedy you mentioned. As I pointed out, the commerce clause was used early on to prohibit commerce.

[tpaine]

paulsen spins:

"-- it appears that the definition of "to regulate" also includes "to prohibit".

--- I see nothing in the wording of the commerce clause that limits Congress to only the remedy you mentioned. As I pointed out, the commerce clause was used early on to prohibit commerce. --"


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Paulsen is a prohibitionist, -- guns, drugs, 'sin', -- you name it, he wants any level of gov't to have the power to prohibit most anything.



The 10th says they have no such delegated powers:

The power to regulate v. the power to prohibit
Address:http://www.freerepublic.com/focus/f-news/1419654/posts?page=1


Barnett supports the clear constitutional position that; "--- the power of Congress to "well-regulate" commerce among the states does not include the power to forbid or prohibit commerce. --"

[AZRepublican]

That certainly was how the commerce clause was used initially, yes. But I see nothing in the wording of the commerce clause that limits Congress to only the remedy you mentioned. As I pointed out, the commerce clause was used early on to prohibit commerce.

Prohibit what, commerce from across the Atlantic or in the interior? The prohibition against importation of slaves was an exception to commerce involving importation from abroad. If we take your analysis latterly, then there would have been no need for the 13th amendment.