QUOTE (Jericho Alar @ Nov 30 2009, 11:57 AM)

You're splitting hairs; and you're doing it in a way that flies in the face of decisions made under color of law. I'll point you to t 22 U.S. 1,75. (1824) specifically Marshall's Opinion. This is where the court affirms AIS8 to be "complete in itself.. exercised to the utmost extent, and.. no limitations other than are prescribed in the constitution."
Production itself is viewed as being including in the commerce clause, as demonstrated in e.g., United States v. Darby 312 U.S. 100 (1941) and e.g. National Labor Relations Board v. Jones & Laughlin Steel Corp. 301 U.S. 4,48-50 (1937) which upheld the Fair Labor Standards Act and the NLRA, respectively.
the pollution vectors (water particularly) are themselves squarely ruled to be articles of commerce, and as such any such things that are carried by them through state lines, are considered to be commerce and subject to federal regulation. (Sporhase v. Nebraska ex. rel. Douglas 458 U.S. at 954 (1982).)
I'm already suspect of the cases you cited based on the year and the court in question. I've read the Marshall opinion and as far as I can tell, that only states that Congress has exclusive power to regulate interstate trade and that the states cannot pass laws that interfere or usurp that power. Hardly relevant.
National Labor Relations Board v. Jones & Laughlin Steel Corp. in particular was only a 5-4 ruling with the dissenters commenting that Congress was overstepping its bounds. The decisions of SCOTUS during the New Deal era are of dubious quality at best. It is no secret that Congress and FDR put forth legislation that would have crippled SCOTUS's ability to strike down unconstitutional New Deal legislation by increasing the size of the court so that it could be padded with justices who were partial to FDR's and Congress's goals. Many of those rulings during that era were in order for the court to save itself from destruction rather than any adherence to Constitutionality. You can see the effects of this by looking at SCOTUS's initial ruling on the Railroad Retirement Act then their ruling on the Social Security Act. Both laws behave identically, though one only accounted for one particular business while the other encompassed everyone. It is no secret either that the explosive growth of government has been solely done under the guise of the Commerce Clause to which I point
United States v. Lopez 514 U.S. 549 (1995).
Sporhase v. Nebraska ex. rel. Douglas I'm not sure what relevance this has to pollution. Nebraska passed a law that prevented exporting water from Nebraska to other states. Nebraska was interfering with trade by establishing protectionist laws. Certainly a violation by Nebraska by overstepping their boundary.
Here's the flip side of the coin, if we include regulating production as part of the commerce clause then by the Marshall opinion that interstate commerce regulation is the sole discretion of Congress. Then most of California's regulations regarding products in violation since they dictate standards which force companies in other states to adjust in order to sell their product there. For example, I believe California enacted legislation to limit the power consumption of televisions sold in the state. Unless all TV manufacturers are located in California, this is a prime example of California violating the Commerce clause by dictating to other state's manufactures how they must produce their televisions.
QUOTE
Taxes are also permitted to be levied by the federal government, generally without restriction, provided they are applied uniformly (e.g. "IF you Pollute; you pay the pollution tax. &c.) IF the government chooses to set an excise tax on products produced in a manner which damage interstate property (or even intrastate property) that is their prerogative. (U.S. Constitution, Article I, Section 8, Para 1: “The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States")
The general welfare clause is not a grant of power, though many like to read it as such. Federalist No41 penned by Madison confirms as much by saying that the enumeration after the general welfare clause establishes what constitutes the general welfare. To put in other words, if the general welfare clause itself was a grant of power, it would effectively be a grant of unlimited power since practically anything would fall under the guise of the general welfare.
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QUOTE (Semerkhet @ Nov 30 2009, 12:06 PM)

Yes, rigid literal interpretation of a document designed to regulate 18th-century pre-industrial commerce is *precisely* what we need at this moment in history. Since I can't stop myself from replying to this nonsense, I'll push this topic further into ban territory in the hope that a moderator shuts it down. If this were a religious argument, you'd be right in line with the "shellfish and mixed-fiber garments are an abomination unto God" crowd. That sort of doctrinaire attitude is equivalent to sticking your fingers in your ears and repeating "nah, nah, nah" over and over again. Failing to re-interpret our founding documents to rise to the challenge of a new century is cowardice and shows a distressing lack of confidence in the government institutions those very founding documents put in place to deal with unforeseen challenges. The FF knew they could not see all ends, else they wouldn't have created a legislative branch.
Oh certainly. The Founding Fathers did anticipate that in the future the Constitution may not meet certain needs and they planned for that with the Amendment process which could be used to give the Legislative branch the power to legislate more than they could. They were not fools, the obvious danger of the majority oppressing the minor was a concern. That's why the Amendment process requires two-thirds of the Legislature and two-thirds of the states to ratify any changes to the Constitution. It ensures that 50% + 1 cannot dictate to the 50% - 1 what to do. However, people of the "living document" interpretation persuasion don't seem to like how difficult it is to change things.