General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDoes anyone remember the Commerce Clause?
In the constitution, Congress is given the power to regulate commerce "among the several states...".
Or do we want to revert to the days of the Articles of Confederation?
https://www.sparknotes.com/history/american/articles/section2/
(snip)
The Articles of Confederation were worthless in enforcing good interstate relations because they did not endow Congress with the authority to regulate interstate trade or to intervene in questions of interstate disputes, except as a last resort. The Articles also made it too difficult for Congress to easily pass legislation beneficial to the common good. Furthermore, Congress itself was so plagued by poor interstate relations and low morale that it was often unable to address areas that did fall under its direct control.
(snip)
nitpicker
(7,153 posts)In normal times, it is for CONGRESS to decide if states have the authority to quarantine residents of other states that enter a state (a restriction of commerce).
But these are not normal times.
One possibility is that the Supreme Court gets bogged down for the next decade in suits on this topic.
PoliticAverse
(26,366 posts)pat_k
(9,313 posts)Are you thinking congress might pass legislation that compels governors to lift closure orders on businesses engaged in interstate commerce? (And perhaps lift closure orders on businesses that engage in commerce with foreign national or native american tribes, as specified in Article 1, Section 8?)
The power to control whether a business must remain closed,or must remain opened, may be a "regulatory" power, but I don't see the remotest possibly that the U.S. Congress would pass a bill that exercises that power over the states.
We put the power to regulate interstate commerce in the hands of the legislative body designed to represent the will of the the people (a collective will that spans legislative districts and state boundaries). Unless we can all "get together" on the need, there is no overriding authority lawfully granted to a states executive in this regard.
If there is one thing we can be absolutely clear on, it's that the Executive branch has no such power.
Under The Radar
(3,404 posts)So how does John Roberts determine that Corporations are people?! How does a Supreme Court State that Corporations have constitutional rights?
Yet look at who gets the lion share of bailout bill today.