James MadisonJames Madison, (1751-1836), Father of the Constitution for the USA, 4th US President

James Madison Quote

“It is very certain that [the commerce clause] grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government.”

James MadisonJames Madison
~ James Madison

letter dated February 13, 1829

Ratings and Comments


Mike, Norwalk

YES ! This alone would eliminate the ridiculous interpretation of the commerce clause and the vast majority of the statist theocracy that infests this land

Justin, Elkland

So much for original intent.

Waffler, Smith

I don't understand the quote so I am not rating it. I do understand that the power of the US economy comes from the fact that we are such a large continental free trade zone. Just as the European common market has done wonders for them and NAFTA, and world wide free trade zones are doing wonders for the world. Those who want to down size these free trade zones and empower smaller and smaller politcal entites seek to destroy the economic benefits of the commerce clause.

J Carlton, Calgary

Economies will run best and steadily when left alone by government. Just look to Europe and its failing socialist ways that are turning it into a serfdom. One does not need a government organized treaty of control to enjoy free trade.

John M. Uhlich, Downers Grove, IL

Response to Waffler's description of NAFTA being a "wonder": NAFTA, like all managed trade deals, is not free market nor should we opt for such so-called "free market" treaties. Unbridled free foreign trade has eviscerated the US industrial base and the good paying jobs that go with it. We have lost tens of millions of jobs - first to Mexico - and now to China. The bankers have had a field day at our expense. Globalism is treason. It is the destruction of liberty and justice. I suggest you look into the views of Paul Craig Roberts, dubbed "Father of Reaganomics" who has denounced unbridled free foreign trade as the bane of our republic. Even Ron Paul has denounced these treaties as "managed trade" benefitting the mega-corporations at the expense of smaller domestic corporations and the American middle class. The international banking elite has no loyalty to the US. That's why Richard Nixon opposed GATT. And for that "impropriety" he was thrown under the bus by the Globalists using the Watergate scandal. Nixon was no hero and not a "nice guy" but he was correct on GATT: It would benefit the financial elite at the expense of the American people, enslaving them.

J Carlton, Calgary

John M. Uhlich...I would love to buy you an American Beer.

Ken, Allyn, WA

The perversion of the commerce clause has been a quiet revolution in which the power mad have twisted the clear meaning of the Constitution to their own advantage. It will continue as long as we allow it. There will come a time, however, when outrageous laws will simply be ignored and punishing taxes will not be paid. The powers that be are forcing a lawless, black-market society by perverting the law for their own gain.

E Archer, NYC

Indeed, the commerce clause has been the excuse used by the federal government to usurp the powers of the States and the People themselves. 'Interstate commerce' now includes your own garden -- there are laws that tax your own garden and may prohibit what you may grow even if for your own use. The tiny little clause has been the toe-hold for the entire 'law' (so-called) -- the Uniform Commercial Code (UCC) is now the defacto law in the US -- the common law jurisdiction is no more. This is what lawyers spend hundreds of thousands of dollars in tuition and spend years learning one or two areas of the UCC -- they do not study Constitutional law (there is NO money in it). So it is the American Bar Association that keeps this con in place and there is essentially no way to get around this union of shysters.

Waffler, Smith

John Uhlich it is great to hear form Downers Grove. I use to live in DuPage County. As far as Reaganomics his government was supported by selling bonds to the Japaneese who bought them with all the car money we sent to them. Reagan also financed his tax cuts primarily for the rich by raising social security taxes on the everybody else, that is why the general tax fund owes social security several trillions of dollars. As far as the other neo-nazi sounding anti-free traders, anti-capitalist they have their lingo all twisted up. Free trade NAFTA etcetera is the dropping of tariffs etc and gives less management to border traffic and customs. If you all think back or read history you will find that the colonies were run under mercantilism. Cotton was grown here and sent to England for processing. Then it went to the textile mills in New England, then the mills to the south and then to China. True to capitalism the industru sought the cheapest labor. The problem and where government and protection is needed is to be sure we are not held to an unfair advantage by requiring our labor to be treated better or paid more or conversely to be run into the ground in sweat shops. The "rich" bring illegals here because they pay them poorly and take advantage of them - a form of modern slavery. We need a balance but the world is benefited by trade among nations.

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