Quotes About Commerce Clause

The attack on ObamaCare was that Congress does not have the power under the Commerce Clause to force a private citizen into a private contractual relationship. If such a thing is permitted to stand, the anti-ObamaCare forces argue, there will be no limit to Congress's power in the future.

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 framers never intended an infinitely broad Commerce Clause that would let Congress dictate individuals' purchases.

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.

Article I, Section 8, of the Constitution, of course, lays out the delegated, enumerated, and therefore limited powers of Congress. Only through a deliberate misreading of the general welfare and commerce clauses of the Constitution has the federal government been allowed to overreach its authority and extend its tendrils into every corner of civil society.

The attack on ObamaCare was that Congress does not have the power under the Commerce Clause to force a private citizen into a private contractual relationship. If such a thing is permitted to stand, the anti-ObamaCare forces argue, there will be no limit to Congress's power in the future.

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.

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.

The New Deal Court was now in place. It had already sounded the death knell for such doctrines of the old Court as "freedom of contract," and a limiting view of congressional authority under the Commerce Clause.

Broad as the power of Congress is under the Enforcement Clause of the Fourteenth Amendment, RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Rehnquist Court majority used similar interpretations of Section 5 and of the Commerce Clause to overturn other statutes, including the Violence Against Women Act, which permitted women who were victims of gender-motivated violence to sue their attackers in federal court (United States v.

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.

The Supreme Court has also allowed § 1983 actions to redress "dormant" Commerce Clause violations—claims that state or local regulations discriminate against or unduly burden interstate commerce.

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.