Dormant Commerce Clause: The greedy, even sociopathic, camel's nose under the tent

That the Congress can regulate doesn't say to me that the several states cannot. Where there is a vacuum in federal law or where federal statutes are unconstitutional, the states can pass what they think are protective laws. That's my view.

The commerce clause is being used to prevent state and local governments from preventing fracking (another Dick Cheney/Halliburton poisoned apple to humanity) for instance. So, one must be careful not to support overly "neoliberal" interpretations of the clause.

I've seen many cases where federal laws reach into states and do great harm and based upon stretching the commerce clause into something that really suggests that the federal government can do anything it wants by appealing to the "six degrees of separation." I've never seen it put that way, but that's my view.

It's being put forth to support Obamacare when what we need is single-payer. It was used to give California a hard time when CA wanted higher mileage standards to cut down on CA air pollution. "Free markets" are fine after not poisoning the national, state, and local wells.

I am definitely not a laissez-faire capitalist. The Cato Institute, for instance, is a laissez-faire capitalist/libertarian think tank that received a great deal of funding from the Koch family. Think about it.

I'm really a one-worlder but not a banker or for coercion but rather voluntary, universal repentance. I have been a one-worlder since at least the mid-to-late 1960's. However, obviously, I'm opposed to unbridled capitalism.

So, qualify your positions to not let people corner you into taking one side where the position cuts both ways. There are commerce arguments that don't run afoul of the overreach that grants the Koch brothers free rein or reign.

I'm sure you realize that the Koch's ideology is nearly as self-centered as it gets. One of the brothers hardly gave a dime until HE got sick. Then they discovered they could give to the causes they like that actually reinforce their own empire building at the direct and negative expense of the "99%." It was also tricky PR and took away some of the ammunition against them used by those who didn't know how to respond to greedy, anti-environmentalist philanthropists.

Brother Tom

Dormant Commerce Clause


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  • Tom Usher

    About Tom Usher

    Employment: 2008 - present, website developer and writer. 2015 - present, insurance broker. Education: Arizona State University, Bachelor of Science in Political Science. City University of Seattle, graduate studies in Public Administration. Volunteerism: 2007 - present, president of the Real Liberal Christian Church and Christian Commons Project.
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