A Quote by David Souter
Congress has the power to legislate with regard to activity that, in the aggregate, has a substantial effect on interstate commerce.
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The Supreme Court, in 2005, emphasized and contrasted the great power of Congress under the Commerce Clause to regulate interstate commerce versus much more limited federal power under the discarded Articles of Confederation.
People, for reasons of their own, often fail to do things that would be good for them or good for society. Those failures - joined with the similar failures of others - can readily have a substantial effect on interstate commerce.
For the power given to Congress by the Constitution does not extend to the internal regulation of the commerce of a State (that is to say, of the commerce between citizen and citizen,) which remain exclusively with its own legislature; but to its external commerce only, that is to say, its commerce with another State, or with foreign nations, or with the Indian tribes.
The U.S. Constitution grants Congress the authority to regulate interstate commerce, and the ENCRYPT Act sends a clear message that the complicated issues with encryption must be addressed thoughtfully and nationally.
The other General Welfare Clause is in the first of the authorities given to the Congress and it's not a grant, it's a restriction. By which I mean it doesn't say Congress can legislate for the general welfare, it means that everything Congress must do has to enhance the general welfare of the United States of America. It can't grant things to individuals, it can only legislate for the government.
The attack on ObamaCare was that Congress does not have the power under the Commerce Clause to force a private citizen into a private contractual relationship. If such a thing is permitted to stand, the anti-ObamaCare forces argue, there will be no limit to Congress's power in the future.
Unable to maintain their government-granted monopoly, the powerful railroad
interests turned to government to do the regulating and price-fixing which they
were unable to do themselves. In fact, the pressure that induced Congress to
enact the Interstate Commerce Act of 1887 did not come from reformers bemoaning
abuses by the powerful railroad interests; it came from the railroad interests
themselves, asking Congress to shield them against the harsh winds of
competition.
The logic is often far-fetched - how does medical marijuana affect interstate commerce? - and some conservatives would like judges to start throwing out federal laws wholesale on commerce clause grounds. The court once again said no thanks.
State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. ... Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c., are component parts of this mass. No direct general power over these objects is granted to Congress, and, consequently, they remain subject to State legislation.
Our roads and bridges form the essence of interstate commerce in this country and have for some time.
With regard to the Constitution, the power to create 'a uniform rule of naturalization' does not rest in Article II, but in Article I, making it a power of Congress and not the President.
I think Chairman Davis has said he would always prefer that baseball strengthens its own policies and not leave it to Congress to legislate. In the absence of any action, he believes Congress is ready to move forward.
The Supreme Court has never ruled that Congress can use the Commerce Clause to require individuals to engage in an activity they have chosen to avoid. Yet that is precisely what Obamacare does: It forces Americans without health insurance to purchase coverage. Such a requirement is unprecedented and unconstitutional.
Conservatives in general, and even so called Tea Party conservatives, are not against transportation spending. Indeed, interstate commerce is one purpose of interstate highways and byways, and is one of the things the federal government is actually supposed to spend our tax dollars on. What conservatives are opposed to is needless and excessive spending, pork-barrel spending, deficit spending, spending to pick winners and losers among American individuals and corporations, and spending to promote the social and economic whims of the Washington few.
I regret to say that we of the FBI are powerless to act in cases of oral-genital intimacy, unless it has in some way obstructed interstate commerce.
Modern Democrats aren't the first political party to abuse power - far from it. Obama isn'??t the first president to abuse executive power - not by a longshot. But he has to be the first president in American history to overtly and consistently argue that he's empowered to legislate if Congress doesn'??t pass the laws he favors. It's an argument that's been mainstreamed by partisans and cheered on by those in media desperate to find a morsel of triumph in this presidency.
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