The Constitutional Convention created essentially two Congressional powers over commerce: the highly restrictive patent clause, which enable inventors and authors for limited exclusive rights, and the commerce clause. James Madison proposed nine very extensive regulatory powers for the federal congress, and of those, only the patent clause remained. The commerce clause was added for special purposes, to allow the Congress to limit unduly restrictive clauses placed by states on business regulated by states. But the federal government today exercises far more extensive power than just those two. In Limiting Federal Regulation, we see how the federal government sought to escape those limits, and how to bring them back.
While the patent clause and the commerce clause may seem clear to casual readers, they are packed with nuance, and reflect the Founding Fathers’ own fears about the future of their young country. In this constitutional commentary and case against the ever-expanding federal government, Paul A. Ballonoff examines these issues, among others. The Review of Limiting Federal Regulation on the Tenth Amendment Center website says that: "As a thoroughly research thesis against a major modern political shibboleth. "Limiting Federal Regulation" is ideal for the professional and amateur constitutional scholar looking to expand their knowledge and hone their arguments when making the case for a limited federal government". The patent clause actually prohibits much of the regulation which the federal government currently carries out:
- The discussion that took place at the Constitutional Convention regarding the clause’s inclusion
- The intended limits of Congress
- How the federal government ignores these limitations
- How the federal government claims state powers
- The problems of those actions may cause
- How to solve the past federal excesses by actions the state governments can take today.
Ballonoff’s intention isn’t solely to inform you about the power taken by the federal government but to propose solutions to correct the course. He presents his discussions about the Constitution in simple terms so that you can understand this incredibly important part of our nation’s law.
Paul A. Ballonoff is the founder and head of Ballonoff Consulting Service. He is a member of the California and DC Bar associations. Please visit www.ballonoff.net for more information. You can write to the author at Paul@Ballonoff.net .
