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Can Obama Use the Commerce Clause to Implement his Agenda?

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There are two ways by which the Commerce Clause is interpreted: broad application and narrow. These application types are used based on the definition of commerce believed to be attached to Congress’s power to “regulate commerce,” (Art. 1, Sec 8.3). Those who believe that commerce should be defined as any “gainful activity” (Barnett, 2001, p. 4) tend to apply the broad application to the interpretation of the Commerce Clause. On the other hand, those who believe that commerce is defined as merely the transfer of goods and services gravitate toward the narrow application of this clause. Below is a brief argument as to why the broad interpretation of the Commerce Clause should not be used.

The primary reason why the broad interpretation of the commerce clause should not be used is because it falls outside the boundaries of the original intent of the Founders. Their intent was obviously to institute a limited government, and the notion that any “gainful activity” should have the opportunity of being regulated goes far beyond any reasonable definition of the word “limited.” Gainful activity could be applied to virtually anything—from production, to agriculture, to your child’s lemonade stand, all of which could affect interstate commerce in one way or another. If the broad interpretation of the commerce clause is to be used on such a widespread and regular basis, the U.S. should cease to refer to itself as a limited government.

In contrast, the narrow interpretation of the commerce clause reflects both the meaning of the language used at the time of the creation of the Constitution as well as the original intent of the Framers. Limited government is more appropriately reflected when the definition of commerce is also limited to the transfer of goods and services. Also referred to as “intercourse,” this definition specifies the type of interstate economic activity that Congress is allowed to regulate, rather than leaving the interpretation open to any interstate economic activity as is the case with the broad interpretation. For these reasons, I believe that the narrow interpretation is more in keeping with the original intent of the Framers when they created the Constitution.

Biggest and Best Tweets from the #GOPDebate!

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Winning the Millennial Vote Superhero Style!

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Attribution: Gage Skidmore

Attribution: Gage Skidmore

One day I’ll make the trip to Comic Con and cosplay as Margaret Thatcher. I’ll set up my own booth and sell tea from Two if By Tea and pocket constitutions. I’m sure I’ll be escorted out in no time, but not before I’ve turned a few heads in the conservative direction. Seriously why don’t more conservatives get involved in pop culture activities? We’re always eight years behind in technology (hello, social media!) and turn up our noses at potentially fun activities like Comic Con because they’re “not serious politics” or some such nonsense. This is how you influence millennials folks–meet them where they are. It’s made ridiculously easy, and only a stuffy old Republican could make the process so complicated.

I want to thank Lisa De Pasquale for writing the stellar article that inspired this response (and for using my favorite comic book villain in the title). Far too often the aged and the aloof complain about the lack of Millennial support of the Republican Party or the conservative cause, yet refuse to take the necessary and often simple steps in order to attract their attention.