The Illegitimate Federal Commerce Power

When the American people were deciding whether to ratify the Constitution in 1787–88, they knew that the new federal government would possess greater authority than that granted to Congress under the Articles of Confederation. But they also expected that federal power would remain limited. After all, James Madison, “Father of the Constitution,” assured the people in January 1788 that the “powers delegated by the proposed Constitution to federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite.”
This context is important when considering the true scope of the federal government’s commerce […] Continue Reading…