Limited Government

One of the most essential features of the Constitution is that it sharply limits the power of the Federal government. It is clear from the Constitution and the contemporary writings of the Founders that a Congress with plenary powers was not intended.

Government has moved from an independent body to prevent rights from being violated toward anything a majority says it is. While the Constitution has some room for interpretation, the wild interpretations of the Commerce Clause seem a bit much. The Interstate Commerce Clause allows the federal government to regulate commerce between the several states. The justifications given for many regulations follow from the Commerce Clause. The powers of the federal government as traditionally understood to regulate interstate commerce centered around prevention of states erecting trade barriers with other states. A second interpretation says that the federal government can place regulations on interstate commerce. A railroad that travels between several states or goods that are transported across state lines could be regulated. Up until the 1930s, these interpretations were the rule.

It gets complicated when the federal government tries to regulate things that are not interstate commerce at all. With the National Labor Relations Board v. Jones & Laughlin Steel Corporation decision the power of the federal government under the commerce clause greatly increased. After several decisions in the late 1930s and early 1940s, the commerce clause could be interpreted for almost any regulation desired.

Some recent decisions of the 1990s and early 2000s give reason for hope. United States v. Lopez (1995) challenged the Gun Free Schools Act of 1990. Lopez's defense said that the federal government did not have a right to regulate firearms in school zones. Therefore, the law was unconstitutional. The Court held "A law prohibiting guns near schools is a criminal statute that does not relate to commerce or any sort of economic activity." This case was the first one since the Great Depression to limit the power of Congress under the Commerce Clause.

If you think that the Commerce Clause can be interpreted to mean all things to all people then why was it even included. If you want to have the federal government step beyond its Constitutional limitations then amend the Constitution. Otherwise, we should just shred it as another meaningless document.