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It was political because the federal government had not previously had the right to regulate businesses within a state. Only states could do that themselves. Bu
by zeroonetwothree 3y ago
It was political because the federal government had not previously had the right to regulate businesses within a state. Only states could do that themselves. But gradually this overreach of the federal government has expanded and now they can essentially regulate anything because it could hypothetically tangentially affect commerce (see Gonzales v Raich). It is clear that the framers did not intend the interstate commerce clause to be used in this way, they intended for states to be able to regulate most things themselves (the so-called “police power”).
- jaybrendansmith 3y agoI guess since the federal government is allowed to prevent various forms of discrimination, including on the basis of race, color, religion, sex, or national origin, this so-called overreach makes sense. And I suppose since one particular party wants to discriminate against those people, that makes it political? The older I get, the more I see States' Rights as a smokescreen that originally protected slavery, and is now used to block civil rights, health care, privacy rights, and environmental protection.