The Constitution for the United States of America
Section 8 - Paragraph 3
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes:
To regulate Commerce
Here's the key statement concerning who the Federal Government has the power to deal with.
with foreign Nations,
Foreign Nations are independent of any direct power or authority of the Federal Government except as to what Treaties may be entered into for the benefit of both Nations. Even then the Federal Government cannot enter into a Treaty that would in any way compromise the mandates and prohibitions set forth in our Constitution. The Federal Government cannot create a Treaty that would grant it any power beyond the power and authority granted by the People. The only way the Federal Government can regulate commerce with a Foreign Nation is through Tariffs, Duties, and Excises charged on the goods entering the States from Foreign Nations.
and among the several States,
The several States are basically Foreign Nations to each other, and the Treaty between them, for the regulation of mutual concerns, is our Constitution. When the Constitution for the United States of America was created, the States were very protective of their own rights, powers, and independence from the Federal Government, and each other. Since they created, with the permission of the People of the various States, this Constitution, and thereby the Federal Government, they retained all of the rights not granted to the Federal Government, or reserved by the People. Neither the People, nor the States, created a Federal Government to rule over them.
Regulating the Commerce between the States implies only the right to create standard procedures that will control the way the States deal with each other. It has nothing to do with any commerce created by any of the Sovereign, We, the People.
At the time our Constitution was written all International affairs were lumped under the term "commerce." It didn't matter if it was a treaty, or simply a negotiated agreement between governments, it was called "commerce."
Therefore, this clause falls right in line with the terminology of their day. As far as our Founding Fathers were concerned they were granting the Federal Government the right to establish the procedures that would be used by our States in communications with each other, but we read it differently because of the change in thought processes over the past 200 years.
Had our Founding Fathers wanted to give the Federal Government the authority to control the business affairs of the People they would have used the word "Trade."
The words Commerce and Trade are synonomous but not identical. They are often used interchangeably; but strictly speaking, commerce relates to intercourse or dealings with foreign nations, states or political communities, while trade denotes business intercourse or mutual traffic within the limits of a state or nation, or the buying, selling, or exchanging of articles within the same community. - Black's Law Dictionary - 1st Edition.
The People are superior to the States, and the States are superior to the Federal Government. Thus the Federal Government, being the bottom of the power chain has no ability to reach up the ladder to regulate anything inside a State, or owned or controlled by the People.
and with the Indian Tribes;
The Indian Nations are basically Foreign Nations who happen to have their land contained within the boundaries of various States. The Federal Government has dealt with the Indian Nations through Treaties. Thus, it can be seen that the only entities the Federal Government has power or authority to deal with is ficticious entities that have been created by the Citizens of those entities.
This Article is a very simple sentence. Foreign Nations, The several States, and the Indian Tribes are all mentioned in the same breath. If this sentence granted the Federal government the right to regulate all commerce in the States it would also grant our Federal government the same right to regulate all commerce in the Indian Tribes, in England, in France, in Russia, and every other Foreign Nation because the sentence treats all of them the same. Of course, everyone understands that this cannot happen, and our Founding Fathers did not have any idea that many years later, factions within the government would attempt to satisfy their quest for unrighteous dominion and the desire for power by interpreting this sentence so as to wrest the control of commerce from the people and give it to the government.
Foreign Nations, Indian Tribe, and the several States, are all fictitious entitities, they have been created by the minds of their Citizens. This Paragraph restricts Congress to where it may only deal with the fictitious entities listed. No power is granted for the Federal Government to regulate any business activities of the people.
Neither Congress nor any of the several States, or any subdivision thereof, has the power, or the authority to create corporations, issue charters, business licences, or to otherwise "let" or interfere with the unalienable right of the people to pursue their happiness.
Look at what the Supreme Court has to say about the matter, the black is the original wording, the blue are the statements of the Supreme Court:
We hold these truths to be self-evident - that is, so plain that their truth is recognized upon their mere statement – that all men are endowed – not by edicts of emperors, or decrees of parliament, or acts of congress, but – by their Creator with certain unalienable rights. – that is, rights which cannot be bartered away, or given away, or taken away, except in punishment of crime – and that among these are life, liberty, and the pursuit of happiness; and to secure these – not grant them, but secure them – governments are instituted among men, deriving their just powers from the consent of the governed. Among these unalienable rights, as proclaimed in that great document, is the right of men to pursue their happiness, by which is meant the right to pursue any lawful business or vocation, in any manner not inconsistent with the equal rights of others, which may increase their prosperity or develop their faculties, so as to give to them their highest enjoyment. The common business and callings of life, the ordinary trades and pursuits, which are innocuous in themselves, and have been followed in all communities from time immemorial, must therefore be free in this country to all alike upon the same conditions. The right to pursue them, without let or hindrance, except that which is applied to all persons of the same age, sex, and condition, is a distinguishing privilege of citizens of the United States, and an essential element of that freedom which they claim as their birthright. – U. S. Supreme Court 111 U. S. 746
To "Let" is to grant a license, a charter, special privileges, or honors. We often use the word "let" when we speak of renting an apartment - the owner has "let" the apartment to someone - means the owner has granted someone a special privilege or charter to have exclusive use of the apartment.
The owner of the apartment has title to the property and is therefore authorized to "let" it to the tenant. The Federal Government has no ownership of any of the normal business functions - because we did not give such power to the Government. Therefore, neither the Federal Government or any of the State Governments can issue licenses to carpenters, bankers, doctors, electricians, real estate agents, or anyone else.
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