Re:Kalshi court losses pile up as judges refuse to block sta...
by kube-system on Friday November 06, 2026 @04:03PM
(#50398497)
James Madison who wrote the first damn draft of the commerce clause and was alive to see it applied to transportation services by SCOTUS in Gibbons v. Ogden, 7 years after he left the presidency. And in letters, he was arguing that congress should regulate shipping.
https://founders.archives.gov/documents/Madison/99-02-02-154...
I'm not arguing that services didn't exist.
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.