In my last blog commenting on the sale of our roads and infrastructure as it relates to the U.S. Constitution. I should like to give some example of what I mean.
It was important, that this nation in order to grow, had to have free and unimpeded means of getting goods between States and to sell overseas. The States were fighting among themselves, creating all kinds of restrictions on the free flow of goods.Imposing exorbitant taxes on goods coming from another state and toll roads extracting monies from residents of other states coming into that state.
The founding fathers to solve this problem gave the Federal Government (congress) for the sake of uniformity,the power to regulate both interstate and foreign commerce.
To allow private businesses and foreign investors to buy up our highways, bridges,etc can develop into the nightmare existing at the end of the revolutionary war. Bickering between States was injuring the growth of our country.
Commerce Clause granted Congress the sole power for the sake of uniformity of laws to regulate interstate and foreign commerce.
INTRA STATE COMMERCE CAN ALSO DIRECTLY OR INDIRECTLY IMPEDE THE FLOW OF GOODS AND COME UNDER THE COMMERCE CLAUSE.
There are many cases having different outcomes on situations involving the imposition of a regulation, tax, or other burden by a State in matters affecting commerce:
Example A State requirement that vessels not satisfying their design requirements must be escorted by tugboats in Puget sound. Those vessels affected had to pay money for a tugboat to pull their ships in Puget sound. They brought a lawsuit to have this regulation declared invalid because it violated the Commerce clause of the Constitution.
The U.S. Supreme Court upheld the States right to impose this condition saying "it does not appear that the requirement impedes the FREE FLOW OF INTERSTATE AND FOREIGN COMMERCE.
Courts will be jammed when states sell their roads etc and privateers (pirates) own them.What tolls would they impose?
I dare not think of it. If the state or community claims it would protect against what I have envisioned, don't believe it. All it will do is jam our courts with so much litigation, it will actually bring the court system to a complete halt. No private firm is going to lose money in a business.
It can not raise money by taxing the people, but it can impose heavy duties such as to prevent the free flow of goods both intra-state and interstate. Many Public Authorities such as Metropolitan Transit Authority own and operate trains and buses. In order to keep it cheap enough for the poorest to be able to travel, the fares have to be kept low and oftentimes are subsidized by sale of triple tax free bonds and the raising of fares approved by the State. Our founding fathers knew allowing States (much less individuals) to do whatever they wanted would cripple the growth of commerce.
Rockefeller owned the key railroads to transport oil. He drove out all competition creating a monopoly that was supposedly broken up, by the government.
Investigations revealed the levels of corruption by private businesses.Men came to Albany with satchels full of cash and bribed legislators to pass laws favoring their ambitions to establish a monopoly of the Oil Business.Private business owning public roads and bridges will lead to an erosion of our democracy. Nuff said.
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