Tag Archives: Con Law

Lesson 4: Sick chickens

Why didn’t the chicken cross the road?

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Because the other side of the road was a different state and the Federal Government said it couldn’t. Not funny today, and especially not funny in 1935 when the Federal Government’s regulation of interstate commerce was highly contested. In 200 years the United States Federal Government went from having power only in foreign affairs, some financial stuff, and a very narrow definition of interstate commerce to having its hand in every state cookie jar. Bad government, don’t eat that!

But seriously, what do you think about the following: the Commerce Clause (Article 1, Section 8, Clause 3, giving the Federal Government the power to “regulate commerce among the several states.”)  allows Federal regulation of which one/s of the following:

A. Wheat grown on farms for consumption on the farm.

B. Passenger ferries between NJ and NY

C. Minimum wage and maximum allowable hours

D. The price of a train ticket from Marshall, TX to Dallas, TX?

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The correct answer is all of the above. Mix one sentence giving one power with a little judicial interpretation and BAM! every step of every commercial endeavor is now fair game.

Mmm, to be a judge on the Supreme Court…

N + S

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