Tuesday 24 March 2009

Congress has consistently expanded its own power to regulate commerce among and between the states. Should Congress have this power or should the...

The Congressional power you are referring to
is known as the Commerce Clause of article 1, section 8, clause 3, of the United States
Constitution. Historically, the clause has been interpreted by the Supreme Court and Federal
Courts to allow Congress to monitor, legislate, and regulate commerce between the states and
foreign countries.

One perspective is that the Commerce Clause is a
common-sense concept. If left to the states, which was the case in the nineteenth century of
American history, there is a danger and possibility of having fifty states with fifty different
regulations on the same industry. Not having a uniform standard across the United States would
create economic chaos. A modern example of where a similar concept has been more recently
adopted is the European Union. Until the European Union, commerce across the continent was a
hodgepodge of regulations benefiting no one and choking economic growth. Continuity is a
necessary ingredient in global economics.

However, Congress has used the
Commerce Clause in creative ways where the Supreme Court was required to get involved. The main
idea behind the concept is to make trade between states less cumbersome. Congress has attempted
to use the Commerce Clause to legislate and regulate the individual behavior of corporations.
For example, the Supreme Court ruled in favor of the Affordable Healthcare Act as
constitutional.

However, attempts by Congress to mandate the healthcare
coverages individuals are required to carry met with a different fate. Gun legislation is
another area where the Commerce Clause has been asserted by Congress. Many of these cases are
winding their way through court, and it remains to be determined if Congress has the authority
to legislate gun sales (traveling gun shows) under the Commerce Clause.


Overall, the balance between an overly-ambitious Congress and its desire to regulate by
interpreting the Commerce Clause in creative ways in place of passing Constitutionally sound
legislation, historically, has been balanced by the Supreme Court decisions. Congress has the
power, and it is not up to the Supreme Court "to reel it in" as much as it is to
interpret the Constitution to keep the balance between the branches of
government.

href="https://hbr.org/2005/09/the-commerce-clause-wakes-up">https://hbr.org/2005/09/the-commerce-clause-wakes-up
href="https://tenthamendmentcenter.com/the-commerce-clause/">https://tenthamendmentcenter.com/the-commerce-clause/
href="https://www.sightline.org/2019/10/01/clause-us-constitution-attack-climate-change-policies/">https://www.sightline.org/2019/10/01/clause-us-constituti...

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