gut;842522 wrote:Interstate commerce applies to transactions moving ACROSS state lines.
It should only apply to those transactions. But not according to the SCOTUS. See Wickard v. Filburn. An atrocious seizure of federal power via a warped interpretation of the commerce clause. I have posted on this before. Case in point on how the feds engage in a game of constitutional twister to usurp power not granted them. Seriously are you on board with this?
The federal government, with the federal judiciary's stamp of approval, has twisted and stretched the commerce clause into for all intents and purposes into an unlimited federal power. A good example of how unlimited this power is would be the Wickard v. Filburn decision.
The federal government placed limits on wheat production in order to drive up wheat prices during the depression era. Roscoe Filburn grew more wheat than the feds permitted. But get this the wheat he was growing in excess of federal limits was for his own consumption. He did not place it on the market. He used the excess to sustain his family and feed his livestock. Filburn was ordered by the Federal government to destroy his excess wheat and pay a fine. Destroy the wheat when so many were going hungry in the world? That makes no sense. At the least order him to give it away to those in need.
The SCOTUS ruled because Filburn's excess wheat production reduced the amount of wheat he would consume on the open market, and wheat was a national commodity, therefore federal government had the power under the commerce clause to order him to cease the production of wheat for personal consumption.
The SCOTUS reasoned that Filburn's growing of wheat for personal consumption alone would not have a major impact nationally, but if countless farmers followed in the footsteps of Filburn the effect would be significant. Thus the federal congress possesses the power to regulate intrastate and non-commercial private activity, if such activity were viewed by congress to have a significant effect on interstate commerce. No matter how it effects the individual.
I have a garden. So if I plant corn, tomatoes, beans, etc. And countless others are doing the same thing. And my garden and others reduced the amount of produce on the open market. The feds can fine me and order me to destroy my produce? This is nothing short of tyranny. I don't use that word lightly. Lets call a spade a spade.
With this logic and jurisprudence the federal government could regulate riding a bicycle. If I choose to ride my bicycle to work instead of driving I am reducing the amount of gasoline I consume. Gasoline is a national commodity. My choosing to ride a bicycle to work reduces the amount of gasoline I consume on the open market. Therefore the federal government has the power and authority to fine me and order me to destroy my bicycle.