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To: Jim 0216

>> the Commerce Clause of the Constitution only gives Congress the power to regulate foreign trade <<

Not quite. The Constituion also gives Congress the power to regulate commerce between and among the various states of the union, like the trade between Maryland and Virginia.

Then, and whether for good or ill, the courts of have always agreed over the past 100+ years that since radio waves can travel across both state lines and international borders, radio transmissions fall into the category of “interstate and foreign commerce.”

Now you might say that some radio waves don’t go across state borders because they are too weak. Or other transmissions aren’t “commercial” — like ham radio. You’d be correct on both counts.

But even those weak waves and non-commercial transmissions have the potential to interfere with broadcasts, police radios, and other radio transmissions that DO go across state lines and international borders.

Therefore, the Courts have always allowed the feds to regulate emissions of radio-frequency energy that are too weak to cross from one jurisdiction into another, plus control over transmissions that have no commercial aspects. Love ‘em or hate ‘em, there’s no realistic prospect that these regulatory authorities will be overturned by the courts or repealed by the Congress.


108 posted on 03/15/2018 8:30:10 AM PDT by Hawthorn
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To: Hawthorn
courts of have always agreed over the past 100+ years that since radio waves can travel across both state lines and international borders, radio transmissions fall into the category of “interstate and foreign commerce.”

Yes, but like probably most of the federal court decisions over the last 100+ years, they have not been based on clear constitutional-based reasoning or support. I would say most Court decisions for the last 100+ years are unconstitutional.

Here, to the degree that certain communications are interfering with intestate commerce, to that limited degree, I think the feds could constitutionally step in since that was the limited intent of the Commerce Clause to begin with - fix hindrances to interstate commerce.

But that is not close to what the seeping independent and unconstitutional powers of the FCC. Constitutionally, Congress would need to deal with conflicting communication issues as relates to interstate commerce or protection (police communications) on that limited scale.

I'm saying that the Administrative State has to go. I know that sounds impossible and, but for the Divine Providence of God Almighty, it would be. But my goal is to do my little bit to MAGA by restoring our Free Constitutional Republic, and I think God is with us to help us do just that - and I think the "impossibility" of Trump's election is the first step.

110 posted on 03/15/2018 8:45:51 AM PDT by Jim W N
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