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View Full Version : James Madison's own words on the Commerce clause. And how it is not for regulating states




robertwerden
03-26-2012, 03:03 PM
http://press-pubs.uchicago.edu/founders/documents/a1_8_3_commerces19.html

Yet it is very certain that it grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged.

Clearly Madison was just trying to prevent States who had the ability to import goods from imposing unfair import taxes on non importing states.

Also he specifically goes out of his way to point out that it was not meant for the general government to create any regulations.