The Commerce Clause is a catch-all for anything they want to expand the power of government.
Hell, the Supreme Court ruled in the 90s that not selling marijuana in California but growing it for personal use still fell under the damned Commerce Clause. You can't make **** this crazy up. Only Rehnquist, O'Connor, and Thomas dissented.
Achem - "among the several states."Originally Posted by Article I, Section 8
The purpose of this specific text, per James Madison, was to prevent tolls and tariffs between individual states within the union.
The clause in its entirety gives Congress authority to ensure free trade within the nation itself and to have authority to impose duties on commerce with other nations.
It says absolutely nothing about compelling a business or individual within a given state to give custom to anyone.
And yet, for Congress to have that power, it would have to explicitly state EXACTLY that.
Last edited by JayDubya; 03-26-15 at 10:00 AM.
“I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on what’s being proposed here, he’d agree with it. He would agree that the First Amendment cannot be absolute.” - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.