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Monday, August 16, 2010

Congress tell you how to tie your shoes? Absolutely!

The Commerce Clause of the Constitution is used by the Supreme Court to authorize Federal authority over airlines, interstate highways, and railroads – matters unknown at that time. The Constitution reserves to the states authority over matters not named for the Federal government. Court rulings have continually stretched the commerce clause far beyond obvious extensions – even to telling an Alabama restauranteur whom he must serve. Explained: Some of his foodstuffs came across state lines. Now Congress mandates health insurance, buys GM stock, etc. Not much reserving powers to the states. They need only five justices to agree and voila!, it’s all commerce clause stuff.

How you tie your shoes may undoubtedly be regulate-able because some of the materials in the laces (or the shoes) have come across state lines. There may be carcinogenic substances in the laces, or they might strangle a baby who gets tangled in them. So when you tie you shoes tomorrow morning, be grateful Congress hasn’t gotten there yet.

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