points by kube-system 1 day ago | 0 comments
Interstate commercial services absolutely existed at the founding of the US, e.g: labor, transportation, banking, etc.
Labor is a commercial service that has existed back to prehistoric times.
Ultimately, it seems you are arguing originalism, which is an opinion of interpretation that a minority of justices hold.
[–] krapp 1 day ago
[–] kube-system 1 day ago
James Madison who wrote the first damn draft of the commerce clause doesn't agree with you.
Not only was he was alive to see this clarified by SCOTUS in Gibbons v. Ogden, 7 years after he left the presidency -- in letters, he was himself arguing that congress should regulate shipping services.
https://founders.archives.gov/documents/Madison/99-02-02-154...
Now, Ogden was arguing what you are -- that it only applied to the movement of physical goods -- but this was found to be the losing argument. And this was quite early on in that document's history.
I'm arguing that the Interstate Commerce clause was originally intended to apply to physical goods being transported across state lines.
You could transport physical money across state lines. You couldn't transport "a banking" across state lines.
You could transport horses, humans and machines. You couldn't transport "a labor."
Every one of these things comes down to some physical item that could be taxed as it crossed a border. That was the entire point of it.
So "data" and "information" don't count. Nothing exists that actually crosses state lines.