Commentary
The constitutional basis for most federal regulations is the Constitution’s Interstate Commerce Clause. A new historical study shows, however, that the Interstate Commerce Clause is nowhere near as broad as federal officials claim it is.
In other words, much of the federal “administrative state” is unconstitutional.
The Background
It established law that the federal government has only the authority conferred by the Constitution. Within federal territories (such as Guam and Puerto Rico) and federal enclaves (such as Washington, D.C. and the Denver Federal Center), the central government enjoys a broad “police power” to govern for the general welfare. But within state lines, federal power is limited to the grants in the Constitution. The longest list of grants is in Article I, Section 8, but there are many others scattered throughout the document….