Commerce Clause: To Put In Good Order

By Douglas V. Gibbs

Article I, Section 8, Clause 3 grants to the Congress the authority to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

Remember, the States did not get along too well.  Like siblings, they argued over just about everything.  The individual States bickered over the borders between the states, turf, and interstate trade. As sovereign entities, the States continually tried to gain the upper hand on the other States in regard to commerce across State lines. Recognizing that the squabbles between the States were actually hindering commerce across State lines, the federal government in this clause was given the authority to do what was necessary to enable the flow of commerce to be more regular.

When you turn on a faucet full blast you are regulating the flow, just as you are regulating the flow when you restrict it by turning the faucet off.  Likewise, the federal government was expected to act as a mechanism that ensured that the flow of commerce between the States was more regular.

The 1828 Webster Dictionary defines regulate in its second definition: “To put in good order.”  Some historians state that regulate in the 18th Century meant “To make regular.”  The word “restrict” was not used in the 1828 definition until the third and final definition of the word.  In today’s dictionary “restrict” appears in the first definition of regulate.

Today, the Commerce Clause has been interpreted to mean the opposite of its original intent.  The Commerce Clause in today’s political atmosphere is used as a means to restrict and heavily control commerce between the States. If one was to adopt the progressive definition of the Commerce Clause, one could then surmise that the Founders wrote this clause because commerce was flowing too easily, and needed to be controlled by the federal government. Such a notion is not only untrue, but outside the normal tendencies of the Founding Fathers. The Founders believed in limiting the powers of the Federal Government, so why would they allow the Federal Government the kind of unlimited powers over interstate commerce as suggested by today’s progressive?

The federal government’s role according to the Commerce Clause was to act as a referee, or mediator, whenever the flow of commerce was hindered by disagreements between the States, while with foreign nations and the Indian Tribes the federal government was expected to take a more active role.

-- Political Pistachio Conservative News and Commentary