A Quote by Matt Gaetz
Congress has broad powers to regulate and control commerce. Congress also cannot force a state to 'un-decriminalize' something; states' rights are routinely upheld by the Court.
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If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything-and the Federal Government is no longer one of limited and enumerated powers.
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.
Conservatives who believe that the Constitution should be interpreted according to the plain meaning of its language and the original intent of the Framers have long been troubled by the court's decisions expanding the commerce clause to authorize Congress to regulate the most local of matters within a state's borders.
The United States being a limited form of government, one of the restrictions to which it is subject is in regard to its power to levy taxes. The States may levy them for a great many purposes for which Congress cannot, because to the States belong all of the powers not delegated to Congress.
For states' rights advocates, the Constitution is like a contract that is openly violated by one party with impunity. On paper, the states remain sovereign powers, while in reality the federal government appears able to dictate everything from the ingredients of school lunches to speed limits. Congress now routinely collects taxes in order to return the money to the states with conditions on their conforming to federal demands.
The congress of the United States possesses no power to regulate, or interfere with the domestic concerns, or police of any state: it belongs not to them to establish any rules respecting the rights of property; nor will the constitution permit any prohibition of arms to the people.
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 Court's decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people's decision to give Congress '[a]ll legislative Powers' enumerated in the Constitution. They made Congress, not this Court, responsible for both making laws and mending them.
[An] act of the Congress of the United States... which assumes powers... not delegated by the Constitution, is not law, but is altogether void and of no force.
In explaining the Constitution, James Madison, the acknowledged father of the Constitution, wrote in Federalist Paper 45: 'The powers delegated by the proposed Constitution to the Federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peach, negotiation, and foreign commerce.' Has the Constitution been amended to permit Congress to tax, spend and regulate as it pleases or have Americans said, 'To hell with the Constitution'?
When we look at how, constitutionally, only Congress can declare war, and that is routinely ignored. Not NATO or the UN, but Congress has to authorize these endless wars, and it isn't.
Literally minutes before the Senate cast its vote, the administration sought to add the words 'in the United States and' after 'appropriate force' in the agreed-upon text. This last-minute change would have given the president broad authority to exercise expansive powers not just overseas-where we all understood he wanted authority to act-but right here in the United States, potentially against American citizens. I could see no justification for Congress to accede to this extraordinary request for additional authority. I refused.
The authority of the Supreme Court must not be permitted to control the Congress or the Executive when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve.
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.
If Congress can employ money indefinitely to the general welfare... they may appoint teachers in every state... The powers of Congress would subvert the very foundation, the very nature of the limited government established by the people of America.
You need to fight cases in the courts, but you certainly cannot rely on the courts, you need to testify in Congress and lobby your Congress person, but you certainly cannot rely on Congress. You need to speak out in the media, but you cannot totally trust the media either. You need to work within the academy because that's an influential opinion body. I think that one of the lessons that people have learned in the civil rights community is that it is generally not enough to focus on litigation in the courts.
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