Abuse of the Commerce Clause

By Doug Horton

In Sixteen Words or Less...

Given the impact on the country and its economic welfare, one would think the Commerce Clause is a very substantial piece of writing. In fact, it is no more than sixteen words contained within Section 8 of Article 1, known as the "enumeration of powers" section, which begins:

The Congress shall have Power...

Clause 3 continues:

...To regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes;

From these sixteen words, politicians have usurped an extraordinarily wide range of authority from the States.

Most recently, we saw the Supreme Court decide that the "Patient Protection and Affordable Care Act" is constitutional based on the premise that it is regulating trade among the states and, thus, protected authority granted to the Federal Government under the Commerce Clause and its power to tax. This authority was used to compel citizens to buy what some would consider an expensive health insurance policy.

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