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phpisthebest | 2 years ago

there problem here is that the intent from an originalist standpoint of the commerce clause was to prevent New York from regulated commerce coming from Delaware, or vice versa.

Was to regulate, as in to make regular...

It was not to expand to allow regulations to apply to any commerce that happened to cross state lines... like your example of shipping a package.

The movement of the package may then trigger federal regulations but those regulations should not move up stream to the Person that packed the box, as that activity was wholly intrastate. The employer and the employee was both in the same state, and the transaction for the labor was enclosed into a single state.

The transaction from the consumer to the company may be interstate and that may be regulated by the Commerce clause.

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