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Explained by PhilboydStudge...

An amendment was needed to prohibit the production, transport, and sale of alcohol which was later later repealed by subsequent amendment. Do on what grounds are other drugs being restricted? If the federal government has the right to prohibit the production, transport, and skew of drugs, then does it not also have the right to prohibit anything else we consume, like trans-fatty foods, sugar, soft drinks, etc.?

Top Comment

No. But our Constitution has been bastardized at an exponentially-increasing rate since our nation's inception. Though given that the vast majority of laws are, in fact, unconstitutional, lacking the right to do so will not stop them from passing and enforcing such laws.

+553 See / Add Replies

Bozette Bozette


No. But our Constitution has been bastardized at an exponentially-increasing rate since our nation's inception. Though given that the vast majority of laws are, in fact, unconstitutional, lacking the right to do so will not stop them from passing and enforcing such laws.

+553 Reply

Bozette Bozette

No and I feel like that is unconstitutional in itself that they try

+222 Reply

TomboyJanet TomboyJanet

“The Congress shall have Power To...regulate Commerce...among the several States....”

Article I, Section 8

1. The trafficking and trading of economic commodities
2. The trafficking and trading of economic commodities and the modes of their transportation
3. The trafficking and trading of any kind of commodity and the mode of its transportation
4. The movement of any thing or any person and its mode of transportation
5. Economic activity that substantially or causally impacts on the trafficking, trading, or transportation of commodities
6. Any human activity or other phenomenon that has any ultimate impact on activities in more states than one

teaching about the U.S Constitution, the Bill of Rights has given way to ****, drugs an good time Charlie

not believe me
look see what the schools teach these days

the U.S Constitution
it's old,it's dusty, it's outdated
it's a living document, it changes with the whim of the people

illegals before American Citizens
that should work out just fine for everyone

01 Reply

Neanderthal_Momdoer Neanderthal_Momdoer

In response to ““The Congress shall have Power...

NM, I could not find the numbered list in Article 1. Are those really party of the Constitution?

I'm far from a legal expert, but here is the text I thought relevant to my post (which you too mentioned).

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

So depending on the meaning of "to regulate" I can see how the trafficking of drugs across our international borders, and across state borders within our country, could be prohibited.

I didn't find anything that seemed to give Congress the power to prohibit the production, transportation, and sale of any product within one State.

Again, I'm no a legal expert and I would not claim to completely understand the Constitution's text and it's implicit meanings. That is part of the reason why I created this post.

+221 Reply

PhilboydStudge PhilboydStudge OP

In response to “NM, I could not find the numbered list in...

IN ADDITION to the defects already enumerated in the existing federal system, there are others of not less importance, which concur in rendering it altogether unfit for the administration of the affairs of the Union.

The want of a power to regulate commerce is by all parties allowed to be of the number. The utility of such a power has been anticipated under the first head of our inquiries; and for this reason, as well as from the universal conviction entertained upon the subject, little need be added in this place. It is indeed evident, on the most superficial view, that there is no object, either as it respects the interests of trade or finance, that more strongly demands a federal superintendence. The want of it has already operated as a bar to the formation of beneficial treaties with foreign powers, and has given occasions of dissatisfaction between the States. No nation acquainted with the nature of our political association would be unwise enough to enter into stipulations with the United States, by which they conceded privileges of any importance to them, while they were apprised that the engagements on the part of the Union might at any moment be violated by its members, and while they found from experience that they might enjoy every advantage they desired in our markets, without granting us any return but such as their momentary convenience might suggest. It is not, therefore, to be wondered at that Mr. Jenkinson, in ushering into the House of Commons a bill for regulating the temporary intercourse between the two countries, should preface its introduction by a declaration that similar provisions in former bills had been found to answer every purpose to the commerce of Great Britain, and that it would be prudent to persist in the plan until it should appear whether the American government was likely or not to acquire greater consistency.

Several States have endeavored, by separate prohibitions, restrictions, and exclusions, to influence the conduct of that kingdom in this particular, but the want of concert, arising from the want of a general authority and from clashing and dissimilar views in the State, has hitherto frustrated every experiment of the kind, and will continue to do so as long as the same obstacles to a uniformity of measures continue to exist.

The interfering and unneighborly regulations of some States, contrary to the true spirit of the Union, have, in different instances, given just cause of umbrage and complaint to others, and it is to be feared that examples of this nature, if not restrained by a national control, would be multiplied and extended till they became not less serious sources of animosity and discord than injurious impediments to the intcrcourse between the different parts of the Confederacy. "The commerce of the German empire is in continual trammels from the multiplicity of the duties which the several princes and states exact upon the merchandises passing through their territories, by means of which the fine streams and navigable rivers with which Germany is so happily watered are rendered almost useless." Though the genius of the people of this country might never permit this description to be strictly applicable to us, yet we may reasonably expect, from the gradual conflicts of State regulations, that the citizens of each would at length come to be considered and treated by the others in no better light than that of foreigners and aliens.
-- The Federalist No. 22

The intention was to facilitate and make regular commerce between states, disallowing protectionism between the states and political BS that would hinder foreign treaties by inconsistencies among the states.

It does not grant authority for intrastate commerce regulation...SCOTUS usurped that in Wickard v. Filburn (1942).

+221 Reply

Bozette Bozette

Some will claim the "Commerce Clause" allows the federal government to restrict anything crossing state lines - but that was not the intent.

+111 Reply

Walt_OReagun Walt_OReagun

Section 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;

The power to tax is the power to control, and there is no limit on that power. Americans did not want freedom, they wanted a master; they got one.

0 Reply

that_guy that_guy

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