4 ms·
Commerce Clause: >[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes 4th amen
by colechristensen 4y ago
Commerce Clause:
>[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes
4th amendment
>The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Basically, when you engage in commerce, your rights to be secure and have privacy in personal matters is diminished because you've entered into a public sphere interacting with others with money.
Law gets to reach in and have influence in how people exchange money and goods, but not into their personal affairs. There are graduated levels of "this is my business" vs. "laws can be made about this behavior" depending on the activity.
- deleted 4y ago[deleted]
- junofan 4y agoSo the Commerce Clause exists because the Continental Congress was pretty ineffective without it. It doesn’t really say anything about whether financial privacy should exist. That’s a question for us to figure out.
- colechristensen 4y agoFinancial privacy isn't a new question, the courts have interpreted the constitution and congress has legislated plenty limiting such privacy. If you want to change, it'll be a big uphill battle.
- shukantpal 4y agoThe question was philosophical not legal. You missed the point.