Art.I, section 8:
The Congress shall have power....To regulate commerce with foreign nations, and among the several states, and with the Indian tribes
10th Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
The relationship between the Commerce Clause and the Tenth Amendment is like a Grantor of real property who conveys away a present estate and retains some kind of reversionary interest. What the Grantor does not convey away he retains.
Notice there is a huge difference between national power to "regulate commerce among the several states" and to "regulate anything that substantially affects interstate commerce."
The former is a 10-year lease that leaves the Grantor with a very substantial reversionary interest. The latter is a Fee Simple Absolute that leaves the Grantor with nothing or next-to-nothing.
Do you see this? This is where the rubber meets the road in terms of delegated national power and reserved powers of the states and the People.
Notice also that when the Court is deferential toward the Commerce power of Congress, it is necessarily non-deferential toward the reserved powers of we the people in the several states under the Tenth Amendment. To give to Congress is to take from the Tenth Amendment.
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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