Re: The Media Aren't Liberal

"Commerce" is the transaction or sale of items, between one indiviual, or entity, or corporation, or Nation-State, and another. 

 

I don't need a Latin, or a 1850 dictionary to tell me what Commerce means.  The definition meant the same 235 years ago, as it does today. 

 

There is also the issue of, "What Is", verus, "What ought to be".  Whether we like it.....Or we don't like it, our Federal Courts have determined the definition of "Commerce" and has given our Congress wide latitude.  (c.f.;  See Lopez v. United States, and Sullivan v. Louisiana)   

 

I am not a big fan of, nor do I trust our Federal Government.   I do my part, each and every day, to make them smaller, and accountable!

 

I am also a realist!

 

 

 

 

On Tue, Nov 2, 2010 at 1:41 PM, MJ <michaelj@america.net> wrote:

There you go again.
Praise be to the Almighty Federal Government, Amen.

Americans in 1913 UNDERSTOOD the Constitution -- apparently better than you -- and sought the proper course found in Article V.

Regulate, of course, does not mean ban.  An Individual, of course, is not a State, Nation or Indian Tribe.  Commerce is the exchange of title.

CO'MMERCE.n.s.

[commercium, Latin. It was anciently accented on

the last syllable.]

Intercourse; exchange of one thing for another;

interchange of any thing; trade; traffick.

Samuel Johnson 1750

To RE'GULATE.v.a. [regula, Lat.]

1. To adjust by rule or method.

   Nature, in the production of things, always

   designs them to partake of certain, regulated,

   established essences, which are to be the models

   of all things to be produced: this, in that crude

   sense, would need some better explication.

 Locke.

2. To direct.

    Regulate the patient in his manner of living.

 Wiseman.

    Ev'n goddesses are women; and no wife

    Has pow'r to regulate her husband's life.

 Dryden.

Regard$,
--MJ

To "regulate commerce with foreign nations, and among the States, and with the Indian tribes." To erect a bank, and to regulate commerce, are very different acts. He who erects a bank, creates
a subject of commerce in its bills; so does he who makes a bushel of wheat, or digs a dollar out of the mines; yet neither of these persons regulates commerce thereby. To make a thing which
may be bought and sold, is not to prescribe regulations for buying and selling. Besides, if this was an exercise of the power of regulating commerce, it would be void, as extending as much to the internal commerce of every State, as to its external. For the power given to Congress by the Constitution does not extend to the internal regulation of the commerce of a State, (that is to say of the commerce between citizen and citizen,) which remain exclusively with its own legislature; but to its external commerce only, that is to say, its commerce with another State, or with foreign nations, or with the Indian tribes. Accordingly the bill does not propose the measure as a regulation of trade, but as "productive of considerable advantages to trade." Still less are these powers covered by any other of the special enumerations. -- Thomas Jefferson

At 01:31 PM 11/2/2010, you wrote:

Hey Michael!
 
See Title 21 United States Code, §841(a)(1) and §846.   In accordance with the Constitution, the Congress has the dominion to regulate interstate, (to some degree intrastate, if it affects interstate of international), and international  Commerce;
 
See U.S. Constitution, Article One, Section Eight, Clause Three:
 
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;


On Tue, Nov 2, 2010 at 11:58 AM, MJ <michaelj@america.net> wrote:

Note Amendment XVIII

Section. 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section. 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

and its complement Amendment XXI

Section. 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section. 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Now, where -- exactly -- is the Amendment that empowers those Feds to criminalize -- say -- an arbitrary list of substances?

Give up?

Regard$,

--MJ

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. -- Amendment X

 

This simply, is  failed and misguided logic.   A state is more than capable of enacting environmental laws that are more stringent than federal guidelines,  but a State cannot legalize something that is outright prohibited in this Nation. 

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