To clarify (as you no doubt know, but other readers might not), this has been taken by courts to mean that any type of good that is traded between states is fair game for federal involvement, even if the actual product in question never has and never will travel outside of the state, or be bought or sold whatsoever.
There aren't any cases governing wholly-intrastate physical goods no such goods exist, and generally when attempting to regulate otherwise purely local commerce (i.e., restaurants and civil rights), it is generally not a case of federal powers but rather of civil rights.
Right, but the issue is that's so laughably wide that it's meaningless. Esp as the internet has made things easier, you can be certain it's legally arguable to "prove" that even a small time seller of some good is measurably impacting big company X.
Esp as the internet has made things easier, you can be certain it's legally arguable to "prove" that even a small time seller of some good is measurably impacting big company X.
That's not how it works at all. But what do I know? I've only successfully practiced law for a decade in state and federal courts.
Feel free to reply to him with your expert analysis that contradicts my simple overview.
What most people don't get (even in the USA) is that the constitution doesn't grant powers to people. It only restricts the government from acting on the people. People were born with the right to speak freely and defend themselves as they see fit - the government can't change that for example.
So the 10th says if it isn't mentioned it is a power that belongs to the people or the states. For example, weed isn't mentioned in the constitution so technically it's a 10th issue for states to decide - HOWEVER - this is thing called the commerce clause...
Commerce clause means that if something moves from state to state, that sure does seem like a Federal matter. So it gets complicated. But... In the end, some states have legalized in the state in part referring to 10A, it's their right to do - but if you are in a "weed state" and light up at a DEA office - expect to be arrested and charged with a federal crime.
* The thing about commerce clause is that almost everything can move from state to state. So that's a little bit of an annoying topic depending on the issue and which side you're on. For example, I can manufacture a gun in my state that isn't legal in another state, commerce clause has been tried to limit 2A.