Commerce Clause Quotes & Sayings

The Supreme Court, in 2005, emphasized and contrasted the great power of Congress under the Commerce Clause to regulate interstate commerce versus much more limited federal power under the discarded Articles of Confederation. — Barbara Ann Radnofsky

[Y]ou wonder why anyone would make the mistake of calling it the Commerce Clause instead of the 'Hey, you -can-do-whatever-you-feel-like Clause? — Alex Kozinski

If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything-and the Federal Government is no longer one of limited and enumerated powers. — Clarence Thomas

Conservatives who believe that the Constitution should be interpreted according to the plain meaning of its language and the original intent of the Framers have long been troubled by the court's decisions expanding the commerce clause to authorize Congress to regulate the most local of matters within a state's borders. — David Limbaugh

The attack on ObamaCare was that Congress does not have the power under the Commerce Clause to force a private citizen into a private contractual relationship. If such a thing is permitted to stand, the anti-ObamaCare forces argue, there will be no limit to Congress's power in the future. — John Podhoretz

It is very certain that [the commerce clause] grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government. — James Madison

The Commerce Clause has already been inflated so much that we basically can't do anything without the government's permission. — Alex Epstein

I have very deep concern about the legacy of the Rehnquist court and its efforts to restrict congressional authority to enact legislation by adopting a very narrow view of several provisions of the Constitution, including the commerce clause and the 14th Amendment.This trend, I believe, if continued, would restrict and could even prevent the Congress from addressing major environmental and social issues of the future. — Dianne Feinstein

The logic is often far-fetched - how does medical marijuana affect interstate commerce? - and some conservatives would like judges to start throwing out federal laws wholesale on commerce clause grounds. The court once again said no thanks. — Michael Kinsley

The Supreme Court has never ruled that Congress can use the Commerce Clause to require individuals to engage in an activity they have chosen to avoid. Yet that is precisely what Obamacare does: It forces Americans without health insurance to purchase coverage. Such a requirement is unprecedented and unconstitutional. — John Cornyn