Commerce Clause Evolution

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The Evolution of the Commerce Clause Business regulation is one of the most debated features of modern politics. Regulation is commonly known to effect business ability to be competitive in both internal and external markets. The federal government’s ability to regulate business has grown out of the judicial branches’ constant manipulation of the contextual meaning of various elements of the Constitution. The progressive manipulation is a non-debatable fact, but the overall benefits, or consequences is a hotbed for argument. Progressives carrying the belief the importance of a living constitution are pinned up against Originalist who quest to preserve the original founding fathers intentions behind the text of the constitution. Article…show more content…
During the times of the constitutional debates, the expression of commerce was generally restricted to deep-water transportation of goods to foreign powers. The founding fathers wanted to control the tariff rate among states in order to create a unified trading machine that would not conflict each other and hold a structure of equal trading ability working together instead of competing to hold contracts with other countries advancing the country, not just the individual state. During the debate, the word commerce was used in regards to deep water shipping 83% of the time. This held that trade among the states was fully unregulated and that the power and regulation of both intrastate and interstate trade was to be left up to the states. This lack of unregulated trade created an environment which was suited for the development of state ran…show more content…
It was these democratic principles that have gotten us to the place we are today. We must not look to the judicial branch to affect the regulation of business; instead we must take on this issue in the tried and proven democratic process. The role of the Supreme Court is to determine the constitutionality of laws and regulations, not create them, and that is exactly what the reinterpretation of the commerce clause has done. The reinterpretation has extended the power of the federal government, and the judicial system too far, allowing them to overstep their boundaries. The continued power grab will destroy the capitalist system shackling the limbs of the free market. The regulation imposed creates factions limiting the ease of market entry. The environment that our American business calls home must remain competitive assuring quality goods to consumers while encouraging technological advancements. The path our federal government is currently on is a path of non-democratic regulation that is a threat to the growth and prosperity of our country. It is simply a matter of the true meaning of the Constitution, specifically the commerce clause that must be addressed. We cannot continue to allow this constitutional injustice to
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