ST Alpha - "for over a hundred years, the Supreme Court has interpreted the commerce clause as granting Congress broad (nearly unfettered) power to regulate " (Reading a Post)

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In response to "More of a curiosity question for me (not going for snark): Where in the Constitution does it suggest that Obamacare is federal gov't overreach?" by con_carne

for over a hundred years, the Supreme Court has interpreted the commerce clause as granting Congress broad (nearly unfettered) power to regulate

Posted by pixitude (aka chris) Apr 3 '12, 10:38

interstate commerce. the limiting principle, as established in a long, clear line of cases by the Court, is that: (1) if it's commerce; and (2) if it is at all interstate in nature, then Congress's power to regulate the activity is supreme.

as of the time i was in law school, only one instance (gun-free school zones in the Lopez case) did the Court actually strike down an act of Congress as an improper exercise of its commerce clause power

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[deleted] 2
- Gibbons v. Ogden (1824) -- nm - pixitude Apr 3, 11:00 1
  - "Order in the court! Counselor, settle those apes down." nm - Dignan Apr 3, 11:02
"Commerce clause" rings a bell, an is what I was driving at. Super. Thanks! -- nm - con_carne Apr 3, 10:40 1
- pixie wasn't technically answering your question. He's saying it's quite a stretch to make the overreach/unconstitutional argument. -- nm - Don Homer Apr 3, 10:41

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for over a hundred years, the Supreme Court has interpreted the commerce clause as granting Congress broad (nearly unfettered) power to regulate

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