Interpretation of the US Constitution over the last 100 years has grossly distorted the importance of the Commerce Clause (Article I, Section 8, Clause 3) to the detriment of the intent of the 10th Amendment.
The Commerce Clause is an enumerated power which grants Congress the power
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.
Originally “among the several States” was deemed to imply that “inter-state Commerce” had to be involved before this grant of power to regulate comes into effect.
However, now many construe this clause to apply to “nearly all commerce”, since it is now very difficult to find any kind of commercial activity that does not relate in some way to inter-state commerce.
Such an interpretation however nearly causes the 10th Amendment to become nullified. The 10th Amendment states that
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
In order to bring balance back to our government and legal systems, I believe we ought to more narrowly define the Commerce Clause, so that the 10th Amendment once again has meaning.
My hope is that in the coming conservative revolution, a big thrust will be given to the 10th Amendment and State’s rights.