Talk:Commerce Clause

General Welfare Clause

I think this article (and this talk page) needs to make some reference to the so-called "General Welfare" clause, which was pivotal in the 1937 shift in interpretation regarding the constitutional limits of Federal powers.

One very useful source can be found at:

   http://constitutionalawareness.org/genwelf.html

It is a scholarly article by John Bugler, about "The General Welfare Clause and how, since 1937, it has been abused to undermine Constitutional government." Tripodics (talk) 18:44, 27 December 2010 (UTC)

If you believe that hilarious nonsense (essentially a dressed-up bizarre blog post) is a scholarly article, well, that's just really, really sad. You have clearly never read a real scholarly article---I read at least two per week, plus dozens of reported court decisions. --Coolcaesar (talk) 07:31, 28 December 2010 (UTC)

Ah yes, you my friend have very large testes indeed! 68.43.17.191 (talk) 03:40, 23 July 2011 (UTC)

More specific dates

Under "The Rehquist Court", last main paragraph, RE: 10th Amendment "in the last two decades" this phrase needs to be more specific about the dates. The last two decades from today will be different than the last two decades prior to 50 years from now, so who will know which last two decades this means? --THE FOUNDERS INTENT ^PRAISE 17:02, 1 June 2012 (UTC)

I changed the wording. See if that is satisfactory.    Thorncrag  18:17, 1 June 2012 (UTC)

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The Original Intent of the Commerce Clause

Summary

The original intent of the Commerce Clause (Article I, Section 8, Clause 3 of the Constitution) was to remove/reduce burdens and obstructions to the free-flow of trade in commerce among the States.[1] The original intent is still alive and well today - clearly understood by the Supreme Court in its Dormant Commerce Clause jurisprudence[2], but the Court selectively ignores the original intent across the rest of the Commerce Clause corpus juris. Congress regularly transgresses the limitations put on its police powers to exercise an unconstitutional power (i.e enacting criminal statutes beyond those of the four powers) in violation of 1. the original intent of the Commerce Clause; 2. principles of federalism and dual sovereignty; and 3. the Tenth Amendment. The very foundation of our Rule of Law has been subverted and "sunk" into a Serbonian Bog of illegal legislation[3].

Footnotes. 1. Florida v. United States HHS, 780 F. Supp. 2d 1256, 1276-77 (ND FL 2011).

2. Tenn. Wine & Spirits Retailers v. Thomas, 139 S. Ct. 2449, 2460 (2019)

3. Milton, John. 1969. Paradise Lost. Four Harvard Classics: The Complete Poems of John Milton. Harvard University Press. — Preceding unsigned comment added by 174.247.81.94 (talk) 05:23, 1 November 2022 (UTC)