Constitution Corner: "Regulate"

by Douglas V. Gibbs

The word "Regulate" appears in the U.S.Constitution twice.  The first time is in Article I, Section 8 in the Commerce Clause.  The clause gives the authority to the federal government to regulate commerce, including commerce between the States.  The second time is in the Second Amendment, where gun rights are protected by the well-known amendment that begins, "A well regulated militia, being necessary to the security of a free State. . ."

In today's vernacular, we automatically assume that when the government is given the authority to regulate, it means "to control," or "restrict."  However, that was not the intent of the word during the Constitutional Convention in 1787.  If one refers to the definition of the word in the 1828 Webster's Dictionary, one finds the definitions are not necessarily as expected.

The primary definition in the 1828 Webster's dictionary of the word "regulated" concerns weights and measures.  For example, when you determine how much sugar to put in your coffee, you are regulating the amount.  The final definition, or "the least used," listed in Webster's early 19th Century dictionary, is closer to today's primary definition, assigning to the word the meaning of "control," and "to restrict."  The second definition, however, is the one the founders were focusing on.  Some constitutionalists will say that during that time the word meant, "To make regular," which is correct. However, Webster's 1828 dictionary gives us a better and more accurate wording: "To put in good order."  So, for the federal government to "regulate commerce," it is their job to put commerce in good order by acting as a mediator between the States.  A "well-regulated militia" is a militia that is in good order, properly uniformed, well-trained, and with standard weapons and munitions.

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