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Excellent article. I have agreed with its conclusions for some time now. Two other points in this regard that the author did not speak to: 1) The commerce clause says "among the several States" and that the word "among" does not mean the same as "within". It means that the States were parties to whatever it was that was meant by "commerce" (as it would in "talk among yourselves"). So, it can not be logically construed to apply to any activity or subjects within the States. 2) It is one of three things in a list: "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". No one has suggested that the intent was to empower Congress to regulate businesses in foreign Nations or the Indian Tribes, but that is what one would have to conclude if that capacity is read into the word. As a matter of simple grammar and well established legal construction, it must apply equally to all three items in the list because there are no qualifiers indicating otherwise.
1 year, 4 months ago on Claiming Almost Everything is "Commerce"