A Quote by Michael Kinsley

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.
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 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.
[Y]ou wonder why anyone would make the mistake of calling it the Commerce Clause instead of the 'Hey, you -can-do-whatever-you-feel-like Clause?
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.
In the not-too-distant future, commerce is just going to be commerce. It won't be online commerce or offline commerce. It's just going to be commerce. And that will happen because of the phone.
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 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.
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.
Among the chartered responsibilities of the federal government were, in those areas where appropriate - such as facilitating interstate commerce - to provide for justice and domestic tranquility, the common defense, and to secure the blessings of liberty.
I agree that marijuana laws are overdue for an overhaul. I also favor the medical use of marijuana -- if it's prescribed by a physician. I cannot understand why the federal government should interfere with the doctor-patient relationship, nor why it would ignore the will of a majority of voters who have legally approved such legislation.
Our roads and bridges form the essence of interstate commerce in this country and have for some time.
You look at the tremendous success of Facebook. To my mind there is not a lot of commerce going on in these social networking sites. eBay is a community anchored in commerce. It is a commerce site that built a community around it. What has not been proven is if the reverse can happen and people will go to community sites to do commerce.
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.
You can at least let sick people have marijuana because it's helpful. But the compassionate conservatives say, well we can't do this, we're going to put people who are sick and dying with cancer and are being helped with marijuana if they have multiple sclerosis - the federal government is going in there and overriding state laws and putting people like that in prison.
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.
The framers never intended an infinitely broad Commerce Clause that would let Congress dictate individuals' purchases.
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