bripat9643
Diamond Member
- Apr 1, 2011
- 170,163
- 47,312
Message to Libertarians and others: The founding fathers believed in regulation
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Madison as well as Hamilton believed the nation needed a strong and more powerful central government than had previously existed. Federalist papers?
So why are people who are hostile to regulation like the Federalist Society always claiming to be the heirs of the traditions and ideals of Madison and Hamilton as well as claiming them as their inspiration and role models?
I understand the clueless, ill-educated here and elsewhere on the web making such ridiculous and absurd errors, but...![]()
Like it's news here, you are a total dunce. "Well regulated" does not mean larded over with government regulations.
/Fail.
Dayum..Rabbi. It's like you've never read the whole thing!
Section 8
1: 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;
2: To borrow Money on the credit of the United States;
3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
I've posted the meaning of the term "commerce" as it was used in the 18th century. It does not mean "all economic activity."
102RP6
The U.S. Supreme Court, in recent cases, has attempted to define limits on the Congress's power to regulate commerce among the several states. While Justice Thomas has maintained that the original meaning of "commerce" was limited to the "trade and exchange" of goods and transportation for this purpose, some have argued that he is mistaken and that "commerce" originally included any "gainful activity." Having examined every appearance of the word "commerce" in the records of the Constitutional Convention, the ratification debates, and the Federalist Papers, Professor Barnett finds no surviving example of this term being used in this broader sense. In every appearance where the context suggests a specific usage, the narrow meaning is always employed. Moreover, originalist evidence of the meaning of "among the several States" and "To regulate" also supports a narrow reading of the Commerce Clause. "Among the several States" meant between persons of one state and another; and "To regulate" generally meant "to make regular"--that is, to specify how an activity may be transacted--when applied to domestic commerce, but when applied to foreign trade also included the power to make "prohibitory regulations." In sum, according to the original meaning of the Commerce Clause, Congress has power to specify rules to govern the manner by which people may exchange or trade goods from one state to another, to remove obstructions to domestic trade erected by states, and to both regulate and restrict the flow of goods to and from other nations (and the Indian tribes) for the purpose of promoting the domestic economy and foreign trade.