Rigby5
Diamond Member
The commerce clause says regulation of commerce among the several states.The supreme court interprets the constitution, and they said that the commerce clause allows congress to construct federal highways.That's great. Doesn't change a thing. The U.S. Supreme Court has absolutely no power to alter the U.S. Constitution and "Wilson vs. Shaw" isn't a clause in the U.S. Constitution.There was a 1907 supreme court case Wilson v. Shaw with roots from the commerce clause.
Next?
The result was the 1916 Federal Road Aid Act.
But the commerce clause should never be interpreted as allowing federal jurisdiction to supersede state jurisdiction on matters clearly to be up to state control.
For example, while you can build federal interstate highways, the regulations and enforcement of them must always remain with the states.
Which is why the 55 mph speed limit was only a suggestion, and could not be universal. So states like Nevada ignored the 55 mph standard on the interstates, and allow 75 mph.
The meaning of "regulation" means to keep regular, or in other words, to prevent one state from blocking or interfering with commerce from other states.
That does not mean to supersede jurisdiction, but to prevent one state from abusing the rights of those from other states.
So it is not giving the federal government authority, but allowing the federal government to help facilitate the inherent rights of individuals.
As the inherent rights of individuals is actually the ONLY legal source of any government authority at all in a democratic republic.
This federal intrusion came about through things like when states started enacting prohibition laws.
They failed because alcohol simple was brought in from other states, so the claim was made that it had to be done federally.
But the claim was totally false, and the reality is that NO state should have made any prohibition laws at all, because all nanny laws like that are inherently illegal.
Making them federal did not help, but just made them all even worse.
Very few things should ever be federal, and only things states can not do.
The feds are always going to be more distant, detached, unresponsive, unsympathetic, expensive, corrupt, abusive, hard to appeal, etc.