On Wednesday’s Mark Levin show, States that are grouping to form regional compacts to act as if they are not part of the United States are wrong. The President can require conditions that must be met in order to receive federal funds as can Congress. States do not have the authority to band together to regulate interstate commerce. According to the Supreme Court decision in Wickard v. Filburn the Court sustained a still deeper penetration by Congress into the field of production. The stimulation of commerce is a use of the regulatory function quite as definitely as prohibitions or restrictions thereon. That means the federal government can reach into a state, into a farm, and into a factory to stimulate commerce because regulating production is a power that prohibits or restricts the function of commerce. Then, what is property? Per James Madison, anything a man can attach a value to and has a right to is his property. As such, and per the U.S. Constitution, Americans have rights to their opinions, their religion, and other forms of personal property that are dissipating each time a state governor poses a new restriction. Later, Speaker Nancy Pelosi and some Governors are at odds over federalism, and the Governor of Whitman was wrong to shut down Michigan.
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Image used with permission of Getty Images / Alex Wong