SCOTUS NOMINEE ROBERTS AND THE COMMERCE CLAUSE

The Congress shall have Power...

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes

Section 8, Clause 3, United States Constitution

While most of the debate surrounding the nomination of Judge John Roberts as the next Associate Justice of the United States Supreme Court concerns how he will deal with a woman's right to choose, there is a growing controversy as to his treatment of the constitutional clause above.

When the authors of the Constitution came together, the purpose of what is generally known as the "Commerce Clause" was simply to eliminate trade barriers between the states. However, over the years using the justification that the issues had to do with interstate commerce, both Republicans and Democrats have used it to justify writing laws dealing with everything from endangered species to racial discrimination to child labour.

Many conservatives want the clause interpreted literally, which could sharply limit the power of Congress, not to mention overturn laws which are already on the books.