Quote:
Originally Posted by Rococo
Yoiu are describing so-called dormant Commerce Clause jurisprudence. It is far from obvious from the plain language of the Commerce Clause that the framers included the provision in the Constitution primarily because of a concern that individual states would embrace protectionism that was bad for the union as a whole. The interpretation you are embracing is itself a considerable inference from the plain language.
Well i know my interpretation is minoritarian and i don't claim otherwise. But it is a coherent answer to questions about what i think of federal powers.
But i think federalist paper 11 is very clear about the matter. Most of it is dedicated to how important it is to have a federal trade policy (with foreign countries), so the idea that the commerce clause gives congress all the power to decide tariffs and whatnot is uncontroversial for everyone.
The last part makes it clear why the commerce clause include states
An unrestrained intercourse between the States themselves will advance the trade of each by an interchange of their respective productions, not only for the supply of reciprocal wants at home, but for exportation to foreign markets. The veins of commerce in every part will be replenished, and will acquire additional motion and vigor from
a free circulation of the commodities of every part. Commercial enterprise will have much greater scope, from the diversity in the productions of different States. When the staple of one fails from a bad harvest or unproductive crop, it can call to its aid the staple of another. The variety, not less than the value, of products for exportation contributes to the activity of foreign commerce. It can be conducted upon much better terms with a large number of materials of a given value than with a small number of materials of the same value; arising from the competitions of trade and from the fluctations of markets. Particular articles may be in great demand at certain periods, and unsalable at others; but if there be a variety of articles, it can scarcely happen that they should all be at one time in the latter predicament, and on this account the operations of the merchant would be less liable to any considerable obstruction or stagnation. The speculative trader will at once perceive the force of these observations, and will acknowledge that the aggregate balance of the commerce of the United States would bid fair to be much more favorable than that of the thirteen States without union or with partial unions.
It may perhaps be replied to this, that whether the States are united or disunited, there would still be an intimate intercourse between them which would answer the same ends;
this intercourse would be fettered, interrupted, and narrowed by a multiplicity of causes, which in the course of these papers have been amply detailed. A unity of commercial, as well as political, interests, can only result from a unity of government.
https://avalon.law.yale.edu/18th_century/fed11.asp
The ONLY reason states are in the commerce clause is , by reading this federalist paper as well, to smooth the trade between states, not to fetter, interrupt or narrow it...
But yes i know many people disagree, mostly because it allows them to have what they prefer as a form of government, the regulatory federal state.