Transcript We Surround Them

We Surround Them
July 9, 2010
Picture of the year
Commerce Clause
Article I, Sec 8
•
The Congress shall have power To lay and
collect taxes, duties, imposts and excises, to
pay the debts and provide for the common
defence and general welfare of the United
States; but all duties, imposts and excises
shall be uniform throughout the United
States
Commerce Clause
Article I, Sec 8, Clause 3
• To regulate Commerce with foreign Nations,
and among the several States
Historical Background
• States had regulations designed to promote
local prosperity at the expense of the general
welfare
– New York demanded oppressive duties on all
imports coming through shipping channels
– Virginia one of the worse offenders
Historical Background
• Founders original emphasis was on commerce
not regulation
• Early court cases dealt with restrictions
against states in their attempts to interfere
with commerce in order to gain some special
advantage.
Shift in Emphasis
• From Commerce to Regulation
• Supreme Court redefines
– What regulations cover
– How regulate
– Pgs 402, “Making of America”
Progression of Abuse
• Regulation of railroads (1873, 1885 Panic)
– Interstate Commerce Commission
– Determine rates
• Regulate all transportation
– Transportation Acts, 1920, 1940
– Pg 403, “Making of America”
• All Interstate Transportation & Communication
– Various Commissions and Acts (1930’s)
– Pg 403, “Making of America”
Progression of Abuse
• Labor Relations
– Safety, Strikes, Wage, Hours, Working Conditions
– 1900 thru 1930’s
• Price Regulations
– Fix prices
• Bailouts
– 2009
“Original Intent ??”
What’s the Solution
• Two Arguments
– Limited vs Unlimited Fed power
– Pg 406, “Making of America”
• Same as general welfare clause
– Unlimited wipes out states rights
• Pg 409, “Making of America”
– States must take back their rights
“Impact of Doctrine Today”
Misc items
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Educate yourself
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The 5000 Year Leap, W.Cleon Skousen
The Making of America, W. Cleon Skousen
http://www.meetup.com/Constitutional-Study-Group-LoudounCounty-VA/ (social)
Break
• Refreshment Time!!
• Introduce yourself to someone