Thursday, August 26, 2010

Congress and the Commerce Clause

Can you spare 10 minutes? If you can, then watch this highly informative, and highly upsetting, mini-documentary from Reason.tv about the gross misuse by Congress of the Commerce Clause of our Constitution.

What will really get you steaming is listening to that little leftist weasel, UC Irvine law school dean Erwin Chemerinsky - he of the cross-eyed countenance and condescending smirk - wax poetic about how wonderful it is that Congress has been given near-unlimited power to do whatever it wants.

On the other side of the debate is John Eastman, former dean of Chapman University law school, who does an admirable job of pointing out just how out-of-control our Congress and Supreme Court have become in their interpretation of the Commerce Clause.

I do take issue with Eastman's assertion that driving is a privilege rather than a right, but that is but a small tangent from his otherwise brilliant argument for going back to the Founders' original intent of the Commerce Clause.

I often listen to talk radio host Hugh Hewitt on the way home from work, and Hewitt often has his "Smart Guys" segment, where Chemerinsky and Eastman debate the legal topics in the news cycle. It is always a stimulating debate. Chemerinsky may be "smart" in the way he argues his position, but I am always amazed at how not-smart he is in the positions he takes in the first place. In this video, I have never heard Chemerinsky go this far off the rails as when he is trying to justify Congress' supposed power to run every aspect of your life. Chemerinsky's assertion that "you don't have the right not to have health care" just about made my head explode.

Again, just 10 minutes. That's all I ask:



"If a nation expects to be ignorant and free... it expects what never was, and never will be." -Thomas Jefferson

11 comments:

Anonymous said...

If driving was a right, there would not be a test.

W.R. Chandler said...

OK, then there shouldn't be a test. Just because we have been buffaloed into thinking we should do something, doesn't mean that thing has to exist.

Did people driving horse-drawn buggies and buckboards in the 19th century have to be licensed to operate them? Somehow, our country flourished.

Anonymous said...

Horses and buggies are orders of magnitude less dangerous than a ton of metal travelling at 70mph.

W.R. Chandler said...

The technology may change, but the expectation of human behavior and responsibility is the same. If you use said dangerous ton of metal to cause injury person or property, then you should pay dearly if you are at fault.

I am a capital-L Libertarian on this issue. The state looks at the licensing process much more as a cash cow than it does a safety issue.

Anonymous said...

So, if I grew my own food and legal medicinal herbs, made my own clothing and bicycles, and raised chickens (and did so without harming my neighbors' rights) Congress could stop me from doing so because I threaten the security of the economy? I thought this was the land of the free?

Michael Nevin

Anonymous said...

"An unlimited power to tax involves, necessarily, a power to destroy,”

Anonymous said...

Not the Congress, but the county: http://www.wsbtv.com/video/24981915/index.html

Michael Nevin

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