RE: [ihc] About those parking brakes .....

[Steven Stegmann <steve.stegmann@xxxxxxxxxxxxx>]

Constitution???????????????????????????????????????

Why are you bothering with that?  The courts sure
don't abide by it.

Steve
--- Tom Harais <THarais@domain.elided> wrote:

> > there's a $150 per vehicle "out of state import
> fee".  
> 
> That sounds like another unconstitutional limitation
> to me.  Only the
> federal government has the right to regulate
> interstate commerce (Article I,
> Section 8, Clause 3).  That was the main impetus
> behind forming a federal
> government in the first place:  The individual
> states (colonies) were
> imposing tariffs and restricting imports/sales of
> out of state goods.  This
> stiffled commerce and had the negatively impacted
> the general economy of the
> Americas.  Wise leaders saw the need to form a
> limited scope, federal
> government to prevent the interstate rivalry from
> erroding things. Funny
> that they survived from the end of the revolutionary
> war (1783), until the
> ratification of the constitution (1790).
> 
>   
> Clause 3. Commerce Power 
> Section 8. 
> The Congress shall have Power To lay and collect
> Taxes, Duties, Imposts and
> Excises, to pay the Debts and provide for the common
> Defence and general
> Welfare of the United States; but all Duties,
> Imposts and Excises shall be
> uniform throughout the United States; 
> 		To regulate Commerce with foreign Nations, and
> among the
> several States, and with the Indian Tribes; 
> 
> 
> 
> 
>   POWER TO REGULATE COMMERCE 
> 
>   Purposes Served by the Grant 
> 
> This clause serves a two-fold purpose: it is the
> direct source of the most
> important powers that the Federal Government
> exercises in peacetime, and,
> except for the due process and equal protection
> clauses of the Fourteenth
> Amendment, it is the most important limitation
> imposed by the Constitution
> on the exercise of state power. The latter,
> restrictive operation of the
> clause was long the more important one from the
> point of view of the
> constitutional lawyer. Of the approximately 1400
> cases which reached the
> Supreme Court under the clause prior to 1900, the
> overwhelming proportion
> stemmed from state legislation. 578 The result was
> that, generally, the
> guiding lines in construction of the clause were
> initially laid down in the
> context of curbing state power rather than in that
> of its operation as a
> source of national power. The consequence of this
> historical progression was
> that the word ''commerce'' came to dominate the
> clause while the word
> ''regulate'' remained in the background. The
> so-called ''constitutional
> revolution'' of the 1930s, however, brought the
> latter word to its present
> prominence. 
> 
> 
> 
> 
> 
> 
> Of course, IH hadn't even been imagined at the time.
> But if they had been
> around, I'd bet they'd have made one hell of a
> carriage as well as a sturdy,
> dependable, non-percusion long gun.
> 
> :-)
> 
> Tom H., '76 Travler