Tuesday, August 02, 2005

Roberts and the Commerce Clause

Many of the groups, who oppose John Roberts, are really more concerned with his views on the commerce clause than the issue of abortion.The St.Petersburg Times gives a quick history on what happened to the commerce clause.
a series of Supreme Court decisions in the 1800s and 1900s dramatically broadened the interpretation of the clause. The justices said the clause gave Congress authority to regulate meatpacking, child labor, racial discrimination and many other areas because they all had some connection with interstate commerce.

The definition of interstate commerce was stretched to extremes.

In one famous 1942 case, the court said Congress could hold farmers to a wheat quota even if it was grown and consumed on the same farm. The court said the wheat still could have "a substantial economic effect on interstate commerce."

Both political parties have used the clause to justify dozens of federal laws.

"The whole foundation of federal regulation since the early 1900s has been on the basis of the Commerce Clause," said Sen. Charles Schumer, D-N.Y.
When words lose their meaning, people will have their freedoms taken away.