The Commerce Clause
Thursday, January 26th, 2012By William J. Dell
Amore Dei, Familiae, Patriae ducit !
Article I. Section 8. of our Constitution has a clause which has become known as the “Commerce Clause.” This clause states that the Congress shall have power – “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” [Emphasis added.] The effect of this clause is a grant of power to the federal government by We the People to regulate inter-state commerce between or “among the several States” but NOT intra-state commerce since intra-state commerce is contained within the boundary of a single State. This coupled with the Tenth Amendment which states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” has been a powerful check on the federal government’s intrusion into We the People’s private and personal business affairs.
An understanding of the Commerce Clause is very important for We the People. This is particularly true in the case of healthcare. The Affordable Health Care for America Act (ObamaCare) is presently before the Supreme Court. Many believe, including twenty-six States Attorney Generals, that ObamaCare violates the Commerce Clause as it requires individual citizens to purchase health insurance. This writer agrees with the States Attorney Generals’ position as explained in the following.
Regulation of insurance has always been a States Right. Each of the several States have their own (more…)




