Normal people can read where our Constitution says Congress has power "To regulate commerce with foreign nations, and among the several states, and with the Indian tribes". After reading those plain words, normal people understand what they say. But the very deliberate people who sit on our courts cannot read those words and understand them. They are deliberately mad.
For anyone of average intelligence and understanding "interstate commerce" is distinguished from "intrastate commerce". This distinction was a great big "wull, duh" that you will see for about 150 years in American Commerce Clause jurisprudence. Commerce "among the states" (INTERstate commerce) was the kind of commerce the Constitution permitted Congress to regulate.
There were excellent reasons for that EXPRESS reservation, and for the power being granted to Congress in the first place. Consider who was meeting at the Constitutional Congress, and what experience had brought them there.
These were REPRESENTATIVES from sovereign states...mini-nations. They were meeting to CONSIDER a replacement for the Articles Of Confederation, which had kind of been a flop. The CONSTITUTION they were playing around with was an EXPERIMENT...another turn at the governmental bat, and they did not...some of them...even believe it would work out. Their first royalty was to their individual state.
One of the BIG failures of the Articles Of Confederation was in the area of commerce between these mini-nations. It had been quite ugly, actually. The states put tariffs on stuff moving through them to other states, there was huge disparity between a state citizen and an "alien" from another state in the courts, and there was even some barrier to travel between the states, not the least of which was just having roads. I could go on at length, but clearly, this would not do.
So, INTERstate commerce was a VERY BIG reason there was a Constitutional Convention. But, remember who was there...representatives from mini-nations...who were TRYING a new EXPERIMENT. These people were not about to give away the farm to the untried experiment. HELL NO! They were very jealous of their own mini-nation's rights. There was no need...and certainly no intent by the Founders...for the newly formed Congress to have power to regulate INTRAstate commerce. That belonged to the individual states, and they WANTED it that way. That is why they WROTE it that way.
Somehow...and we'll discuss that in a future post...this idea of making commerce possible and productive and fair when conducted between the states has been perverted. It has been perverted now to the point where a judge can deliberate a question under this simple clause, and come up with shear madness.
Observations: The QandO Podcast for 24 Apr 15
2 hours ago