Commerce Clause

Commerce Clause

Article 1 Section 8 Clause 3

“To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;”

“And” is the key word here because it tells us the power to regulate foreign commerce is the exact same as the power to regulate interstate commerce. That’s critical because it means that any type of commerce that Congress can regulate domestically among the states also has to be something it could regulate with a foreign country.

What’s cool about that is it makes it very easy for you to figure out what Congress has the authority to regulate when it comes to commerce “among the several states.”

For Congress to have the power to regulate something in interstate commerce, that regulation would have to make sense in this sentence:

“Congress has the power to regulate ______________ with foreign nations.”

Anything that doesn’t fit logically into that sentence would be unconstitutional for Congress to regulate under the Commerce Clause. United States v. Lopez (1995)

Try this one for instance, with respect to the Affordable Care Act aka ObamaCare:

Congress has the power to regulate healthcare with foreign nations.

Ya think?

How about with respect to the Minimum Wage:

“Congress has the power to regulate minimum wages with foreign nations.”

Once again, it just ain’t workin’ for me.

Minimum Wage

It’s funny because I have seen that Congress has voted against an increase in the Minimum Wage 15 times in the past 2 years. I had to go look again at Article 1, Section 8 to see if I could find where we had passed a Constitutional Amendment on the matter whilst I slept… We had not. So, I read again Article 1, Section 8, the express powers of Congress. Could not find one clause where Minimum Wage would fall under those powers. So I remembered to look at the Commerce Clause again, the Clause Liberal adherents to Constitutional Case Law love to throw everything into so FED GOV can usurp the States and the People.

How about following the same sense of the Commerce Clause with respect to the Minimum Wage:

“Congress has the power to regulate minimum wages with foreign nations.”

Once again, it just ain’t workin’ for me.

My personal favorite though is utilizing the Commerce Clause to determine Congressional jurisdiction over transgender bathrooms. Here we go again…

How about with respect to the Transgender Bathrooms:

“Congress has the power to regulate where to pee with foreign nations.”

That one just fell flat with me, kinda’ like a snake run over by a steam roller.

I know that some of you Alice in Wonderland liberals just hate that all of the above are not in Article 1, Section 8. Truth be known, there are some women most of us men would love to follow anywhere, including the Ladies Bathroom. Add to that the assertion that nothing is forever, including the US Constitution. They would be correct. The Founding Fathers, keeping that in mind, provided 2 methods to amend the Constitution. So, go ahead, amend it so we can all pee pee together; after all, the family that pee pees together, sticks together. You cannot however, skirt the Constitution, as amended; just because it makes you wee wee in your diaper.

Wah wah wah wah wah…