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OpEdNews Op Eds    H3'ed 2/24/12

Madison: Father of the Commerce Clause

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So, even a very conservative legal scholar examining the Constitution and precedents could not find a convincing argument to overturn "Obamacare" -- and that is because the Founders intentionally and broadly empowered Congress to address national economic problems through the Commerce Clause.

In his later years as a political leader, Madison -- like other framers of the Constitution -- did switch sides in debates over the specific boundaries of appropriate federal power.

For instance, Madison joined with Thomas Jefferson in opposing Hamilton's national bank, but then as Jefferson's secretary of state, Madison applied an expansive view of national authority in negotiating the Louisiana Purchase from France. Madison also shifted regarding the value of the national bank after his frustrating experiences as president during the War of 1812.

But there should be no serious dispute over Madison's greatest accomplishment, supplanting the states' rights framework of the Articles of Confederation with the strong central government of the U.S. Constitution.

And, as much as Madison is regarded as "the father of the Constitution," he also deserves to be known as "the father of the Commerce Clause." But don't expect today's Right to acknowledge the fact.

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Robert Parry broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek. His latest book, Secrecy & Privilege: Rise of the Bush Dynasty from Watergate to Iraq, can be ordered at secrecyandprivilege.com. It's also available at
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