Why Should Conservatives Distrust the Commerce Clause?
Business and property owners are all too familiar with the intrusive reach of the federal government. Each time the federal government adds more paperwork, more red tape, or more oppressive regulations, the Commerce Clause is usually the culprit. Businessmen are not alone in opposing Commerce Clause power, though. Proposed legislation known as the Employment Non-Discrimination Act, or ENDA, would prohibit private employers from discriminating against homosexuals. What is the basis for this bill? Congress power to regulate interstate commerce, of course. Gun owners are all too aware of the federal government s ever-increasing infringement of the right to bear arms. Not all gun owners are aware, however, that the federal government s power to control guns comes only from the Commerce Clause. When Congress enacted federal legislation that banned mere possession of a gun within 1000 feet of a school, it finally went too far. The Supreme Court struck down that law, holding that Congress had
