Fwd: What is the ICC per Shann Turnbull's Question

[OWNCO@aol.com]

TO: COG Homestead Discussants

FROM: Norm Kurland, CESJ
 
Here is a Kelsonian's perspective on Shann's question and its relevance to 
WYO policy.

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• To: dgo@esoplaw.com
• Subject: Re: What is the ICC per Shann Turnbull's Question
• From: OWNCO@aol.com
• Date: Fri, 24 Sep 1999 22:23:53 EDT
• Full-name: OWNCO

Deb,

The best analysis I've read on the so-called "interstate commerce" clause 
(there is no such language in the Constitution) was by William Crosskey in 
his, "Politics and the Constitution," University of Chicago Press, published 
around 1955.  Crosskey traces the lineage of the term, starting with the 
original intent of the founders and proceeding in ways that emasculated that 
intent.  The original intent, according to Crosskey, was the establishment of 
a single common market, which was subject under the supremacy clause of the 
Constitution to regulation under a Federal common law and by Congressional 
legislation.  Crosskey traces the history of how that original intent became 
to be interpreted as a "interstate commerce" clause in order to restore 
central government power over commerce in the United States.  Crosskey was 
the intellectual father to many who favor "original intent" and think the 
Supreme Court should leave legislation to the legislators, that is, those are 
elected by and are directly accountable to the people.

Regardless of the history of Federal regulation of trade, the reality is that 
in the name of regulation elements of the private sector were granted 
(unnecessarily from a Kelsonian perspective) monopoly powers and this led to 
an incestuous and corrupt relationship between the regulators and the 
monopolists they regulated, and the public was forced to pay the higher costs 
of monopoly services and utility products.  

The issue before the homestead group is how to inject competitive market 
forces into industries now undergoing de-regulation in ways that broaden 
ownership and more broadly diffuse economic power over these industries.  I 
am convinced that binary economics and the anti-monopoly provisions of the 
Capital Homestead Act offer the most powerful and just tools for combining 
the dynamics of the market system with economic justice for all.  Click on  
<A HREF="http://www.cesj.org/homestead/cha-summary.htm";>Capital Homestead Act 
Summary of Reforms</A> .

This is another illustration of the broad range of economic problems that can 
be addressed most effectively within the "win-win" Kelso paradigm.  I 
strongly urge everyone to do their homework and COG will lead the "win-win" 
revolution.

All the best, Norm

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