1 edit | Commerce Clause is not what you all think it is. There is no justification in the U.S. Constitution for regulating in the sense that we regulate today. When the constitution was ratified, the word 'regulate' meant 'to make regular', which is quite different from the definition of the word we know today, which is 'to take control of'.
But virtually no large entity in the U.S., such as the telecommunications industry, wants to use this argument because this would reduce the barriers to entry that protect them from small, innovative firms.
The constitution spelled out no exceptions to the limitations placed on Congress for freedom of speech as written in the first amendment. The first five words make this clear: "Congress shall make no law..." (emphasis added). This means that all things followed can be controlled by the states.
The constitution also granted powers to Congress, meaning that Congress does not have unlimited power, and there is nothing in the constitution which grants congress the power to control the telecommunications industry.
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Time... beckoning me. |
chimera
join:2009-06-09
Washington, DC Reviews:
 ·Comcast
| As has been pointed out many times. Congress has the authority to regulate interstate commerce and commerce with other nations. The internet can fall under this granting them authority. It should also be noted that any company that spans multiple states must answer to congress and not just the states its a member of for this exact reason. Every major ISP falls into this category. |
