BGFalcons82;804422 wrote:On a side note, if there are coal-fired electricity producing plants that get all of their coal from Ohio, employ only Ohioans, and supply power to only Ohioans, how does this fall under the "commerce clause" of regulating industry between states? In other words, how do the feds have any jurisdiction over states that keep to themselves?
The federal government, with the federal judiciary's stamp of approval, has twisted and stretched the commerce clause into for all intents and purposes an unlimited federal power. A good example of how unlimited this power is would be is Wickard v. Filburn.
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? So let it be written so let it be done.
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, the 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, 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.