This is a cancer that the Supreme court has used to expand the feds into everything. Amendment 28 Section 1- The Interstate commerce clause shall be replaced with this amendment effective on the passing of this amendment. Section 2- The federal government shall only have jurisdiction over commerce which sees the money get transferred from one state to another state. Section 3- Federal criminal law shall only apply to crimes committed in multiple states, and crimes committed against the government of the united states and the powers granted to it by the enumeration clause the interstate commerce clause notwithstanding.
So, you are blaming the marshal court for this? But this does not make sense. You are ignoring the intrastate and interstate commerce which the Articles of Confederation has no power on. And the commerce clause, not to be confused with the interstate commerce Act of 1897, as amended.
Yes in the 1940s they basically ruled that any commerce affected interstate commerce effectively ending real federalism. Without this ruling the war on drugs is unconstitutional and never happens. It also clearly goes against the founders intent.
That is FDRs federalism rule and the Requinst Court pulled it back a little. Second, the founder's intent is the commerce clause. it was a response to the failure of the Articles of Confederation. In essence, that is what you are arguing here to go back to.
Although I wouldn't mind some control on the use of the commerce clause as an all purpose power-of-Congress-to-do-anything, I don't think your proposed amendment does that.
