Killing the Planet by Rodney Howard-Browne;Paul L Williams;

Author:Rodney Howard-Browne;Paul L Williams;
Language: eng
Format: epub
Publisher: Independent Publishers Group
Published: 2019-11-09T16:00:00+00:00

THE CONSTITUTION’S COMMERCE CLAUSE

These developments took place as a result of two judicial measures. The first was the Supreme Court’s misinterpretation of the Commerce Clause of the Constitution (Article 1, Section 8), which granted Congress the power “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” 37 The original intent of the Framers of the Constitution in adopting this clause was to prevent the creation of trade barriers between the states and, at the same time, to reserve for the U.S. legislature (the House of Representatives and the Senate) the right to restrict and regulate trade with foreign countries. In 1942, Harlan Stone opted to ignore the Framers’ intent and set forth a broad interpretation of the clause as follows: “The Commerce power extends to those intrastate activities which in a substantial way interfere with or obstruct the granted power.”38 This interpretation of a clause regarding trade barriers allowed the federal court to regulate business activities within every state in the Union, including matters concerning sexual and racial discrimination in hotels, restaurants, theaters, and housing developments.

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