Wheat, Weed, and ObamaCare: How the Commerce Clause Made Congress All-Powerful

September 19, 2010 | Trade Barriers | admin | 25 Comments

Thе Buying Clause οf thе US Constitution grants House οf representatives thе power tο “homogenize buying . . . аmοng thе numerous States,” аnd fοr more thаn 100 years centralized lawmakers invoked іt fοr a very narrow function—tο preclude states frοm grand trade barriers οn each οthеr. Bυt today members οf House οf representatives act аѕ іf іt gives thеm thе power tο dο јυѕt аbουt nο matter whаt thing—counting forcing уου tο eat уουr vegetables. All owing tο hеr Supreme Court confirmation hearings, Elena Kagan seemed tο acknowledge thаt thе Buying Clause сουld, іn scheme, give House οf representatives thе power tο dictate whаt Americans eat. And whаt аbουt ObamaCare’s “party mandate,” whісh navy Americans tο hold shape indemnity? ObamaCare opponents аrе lining up tο challenge іtѕ constitutionality, bυt supporters ѕау іt’s defensible—уου guessed іt—under thе Buying Clause. Hοw dіd a clause projected аѕ a restriction οn states wind up charitable House οf representatives a green light tο homogenize noncommercial, local, аnd decently confidential actions? Hοw wіll ObamaCare stand up hostile tο thе legal challenges brought bу thе states? Legal titans John Eastman (Chapman Academe Law Professor) аnd Erwin Chemerinsky (Founding Dean, Academe οf California, Irvine Teach οf Law) slug іt out tο tο set up whether οr nοt House οf representatives hаѕ bееn abusing thе buying clause. Bеnt bу Austin Bragg. Approximately 10 outline. Scroll down fοr HD, iPod, аnd audio versions οf аll ουr videos аnd subscribe tο Wits.tv’s YouTube supervise over tο hear compulsory notification …

25 Comments for this entry

KreativeKeyLLC
September 19th, 2010 on 11:15 am

@gravebaiting Your proclamation is too cryptic for me. The Constitution has been interpreted poorly by broadcast who wish to end the United States from the surrounded by. They have been funded by further than sources. Too nerve-racking since we have real Americans at the bottom of it blindly duped into thought that we are just doing it to be converted into more “politically assess” & have “sustainable communities” or “The Dream Act.” Hope. Chat. The Buying Clause abused like a red-headed step child. Right insanity.
gravebaiting
September 19th, 2010 on 11:52 am

@KreativeKeyLLC The constitution is fantastic, but as along as the regime interprets it and enforces it then they can break it as much as they want lacking substance.
umrmecheman
September 19th, 2010 on 12:30 pm

@032125 I don’t know its since blatant statism offends you? me too man.
umrmecheman
September 19th, 2010 on 12:51 pm

wheat as you want. our founders are lament everyplace as they watch a state founded on fiscal and devout liberty get swept away by the all-consequential and all-gentle state.

once a case like Filburn gets unbendable it isn’t a far leap for house of representatives to tell Americans what kind of car they have to buy or that they need to buy shape indemnity…oh wait we by now have that.
umrmecheman
September 19th, 2010 on 1:03 pm

the SCOTUS declaration hostile to farmer Roscoe Filburn in 1942 is in my mind one of the most egregious violations of SCOTUS in our description. it upheld that house of representatives can do effectively no matter what thing it wants to any sector of an state as long as it can tie it in some way to throughway trade.
in that case Filburn sought after to grow more than the 11 acres of wheat he was allowable to under the Ag Adjustment Act and use the extra wheat on his farm. sorry said the SCOTUS you don’t even have the frankness to yield as much
zeekyblahIV
September 19th, 2010 on 1:29 pm

@digypro If you’re referring to Alcohol Veto, there’s no constitutional line of reasoning there as that was an amendment to the Constitution, repealed by the 21st Amendment.

Bestow day drug veto austerely forced by house of representatives, even if, is unauthorized.
zeekyblahIV
September 19th, 2010 on 2:08 pm

@Thebigwafflestomper Even if I’d have to say they must have identified them before on.
zeekyblahIV
September 19th, 2010 on 2:38 pm

@whoo689 In fact, according to the Tenth Amendment they wouldn’t be able to homogenize any aspects of the state lacking the buying clause.
residentzombie
September 19th, 2010 on 3:26 pm

@Elina2daDenwa Democrats are no uncommon than Republicans, their agenda is just so the same. Ron Paul is in the Republican party as is Gary Johnson, but neither are right Republicans. They are both Libertarians. The 2 parties have rigged the appointment logic to only have votes go to the two major parties and have used propoganda in the mainstream media to make broadcast who don’t be with you economics nor politics reckon there is a alteration between the two.
residentzombie
September 19th, 2010 on 3:35 pm

Appealing how the Buying Clause must be used to preclude Arizona trade barriers since of S.B. 1070 but as a substitution for perverts it’s importance for the use of socialism.
Elina2daDenwa
September 19th, 2010 on 4:30 pm

So if I grew my own vegetables to cut costs on food the regime can take over?Damn.There goes that thought…
Oh well.They can take up again to give me with food stamps(along with the millions of other families) and pretend to be astonished when they see that the tax dollars are “vanishing”.
Elina2daDenwa
September 19th, 2010 on 4:38 pm

@jmatt926 Stop electing republicans.
Hostile
September 19th, 2010 on 5:12 pm

I like Wits, and I like this video, but I reckon it’s absurd that Americans argue about the workings of a touch on paper on hemp paper a few hundred years ago while ignoring the greatly more vital ethical issue. Why must the state have the right to homogenize ANYTHING? A self’s affair is theirs alone, no topic what look they can be said to have on buying. They must be absolutely free to do their affair no topic what house of representatives, states or constitutions say about it.
s117godd
September 19th, 2010 on 5:12 pm

@jmatt926 Impeccably said. PEOPLE need to be with you the all-function populace makes the regime. If we keep electing these cock-eyed quick discussion scum, give them the fiscal help of the control and air force, the keys to our reserves, and the skill to write the laws that we must live by, they’re going to (and are now effective to) crash this broadcast.
luvzpalin1
September 19th, 2010 on 5:29 pm

this is excellent, apply the word
opusprime6
September 19th, 2010 on 5:59 pm

@Akingham I say the same thing about my conservative acquaintances and the air force.

Still coming up to find the WMD’s?
Akingham
September 19th, 2010 on 6:05 pm

@032125 What I find frightening in my bordering yet liberal acquaintances is their belief that govt will all ways do the right thing, will keep us from harm any from surrounded by ourselves or from lacking, and all fault to admit the pledge absurdity of those concepts!
milkchaser
September 19th, 2010 on 6:36 pm

I take note to “the smart guys” all the time on the Hugh Hewitt show. So nice to everlastingly see what they look like. Very distinguished (but older than they sounded on radio).
Dougster
September 19th, 2010 on 6:49 pm

That was one hideous-ass Ben Franklin as the end!
032125
September 19th, 2010 on 7:35 pm

I’m naturally such a rational (and peaceful) self, but Erwin Chemerinsky’s very disposition makes me want to glide out to Cali and stomp his goddamn face into the fucking dirt. How can he be so complacently statist? How can he make pretenses to prudence as he justifies boundless power for an explicitly top bolt from the blue form of regime?

Fuck I just want to slap his scheming eye honest.
johncrazy8s
September 19th, 2010 on 7:39 pm

“A state, if you can keep it so.”
this video just got favorited
EdgeNicx
September 19th, 2010 on 8:12 pm

The inquiry ruins, can the buying clause be restored to its lawful place? Seems to me we are far additional than the point where that is doable… One would have to void countless laws by now in look.
Ovedya2006
September 19th, 2010 on 9:11 pm

@lactoseintolerant House of representatives confers its power from the electorate – the broadcast – and it is top bolt from the blue by the Constitution. We by now know that he House of representatives is steamrolling the will of the American broadcast for the sake of only one of its kind insterests. Now – for the past decade or so, and increasingly, the Bench is dismantling the Constitutional restrictions owing to liberal interpretations. The state of the State is in decline since of it. The time for haughtiness is over!
Ovedya2006
September 19th, 2010 on 10:04 pm

@lactoseintolerant Which is just so why the confirmation of Kagan was so vital. The Congressman questioned a impeccably valid inquiry with watch to toe Buying Clause. What prevents House of representatives from mandating ANYTHING that has to do with American employment of goods & air force in this broadcast? Liberal interpretations of the Constitution, and judgments arising from those interpretations ARE very hard to back, and most times don’t get reversed.
pedzsan
September 19th, 2010 on 10:58 pm

I reckon its time to just go. The beauty of America and the American Constitution has been lost. We have The Jingoist Act and countless other equipment (like idiots who say “Who cares what the founders meant”) Lets just leave.