Commerce Clause Cannot Be Used To Justify Interference With States' Rights

COMMERCE CLAUSE CANNOT BE USED TO JUSTIFY INTERFERENCE WITH STATES' RIGHTS

15th December, 2015 at 08:05:16
Source: http://www.azonlinecasinos.com

Scathing attack on RAWA penned by Liberty Perspective's Bruce Fein.

Rep. Jason Chaffetz's Restoration of America's Wire Act came in for yet another media panning this week when the Washington Times ran an article by Bruce Fein of the Liberty Perspective.

Attacking Chaffetz's claim that the commerce clause in the US Constitution justifies federal interference in states' rights to control gambling activity within their borders, Fein reminds lawmakers that the clause was originally adopted to prevent protectionist trade wars among the states, which at that time was impacting national prosperity.

"Thus, the clause empowers Congress to "regulate" interstate commerce, not to prohibit it.," Fein points out. "No wealth is produced by blocking a transaction between a willing buyer and a willing seller. A national online gambling prohibition does not promote interstate commerce. It frustrates it.

"The power to regulate interstate commerce was an addition to the powers the federal government exercised under the Articles of Confederation. It was not intended as an instrument to supersede customary state powers over public morals or otherwise."

Giving the liquor prohibitions in the nineteen twenties as an example, Fein notes that an amendment to the US Constitution - only the eighteenth in the history of the Republic

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