Junto Boys

WHY ALITO REALLY MATTERS

Three words: Interstate Commerce Clause

Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, empowers the United States Congress "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

Courts and commentators have tended to discuss each of these three areas as a separate power granted to Congress. It is therefore common to see references to the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause, each of which refers to the power granted to Congress in this section.

The use of the Commerce Clause by Congress to justify its legislative power over citizens has been the subject of long, intense political controversy. Interpretation of the sixteen words of the Commerce Clause has helped define the balance of power between the federal government and individual states. As such, it has a direct impact on the lives of US citizens.

According to the Tenth Amendment, the federal government of the United States only has the power to regulate matters specifically delegated to it by the Constitution. Other powers are reserved to the States, or to the people. The Commerce Clause is one of those few powers specifically delegated to the federal government and thus its interpretation is very important in determining the scope of federal legislative power.

If the supreme court will interpret the constitution and strictly apply the 10th amendment, true freedom would return to the people. I nearly ran off the road with laughter today when an NPR commentator actually said, "...and Alito, who is very right wing, is also very pro-States' rights..." To me that is so telling of the liberal left that "States' rights" is seen as extreme. Another wonderful ruling by Alito is his desire to prohibit congresses power to regulate firearms. He wanted to strike down the law banning machine guns. I think we should heavy punish criminals who violently use guns, but this was a great ruling and a wonderful exercise of 2nd amendment interpretation.

During my tenure with the Federal Government in the Bureau of Prisons, I found that about 80-90% of ever crime committed made some reference to the "Interstate Commerce Clause" as to why and how this particular crime was a "Federal Crime." Much of the failed "war of drugs" would collapse if this ICC was more strictly and narrowly interpreted. Finally, a supreme court justice I can really sink my teeth into :-)