TraneWreck
Philosopher
- Joined
- Jun 9, 2008
- Messages
- 7,929
Why? Can't an insurer be localized to one state and that one state only? How does interstate commerce have anything to do with that?
It's possible that an insurer could behave that way, there just aren't any. If they just regulated those that engage in interstate business, that would be enough.
I would like to hear an explanation of how insurers that do business all over the country aren't part of interstate commerce.
It bugs me with the Interstate Commerce clause is thought to be an all-inclusive clause dealing with any and all business. It's not supposed to be that way. The original intent, and the older definition of the word, was exclusively about goods and services travelling from state to other states. It's been so thoroughly abused, such as with the Gun Free School Zone Act that it doesn't mean anything anymore. It's just carte blanche for the government to do whatever the hell it wants to.
The gun act was ruled unconstitutional on commerce clause grounds. IT was then re-written to be in accordance with the law and has yet to be challenged.
These are all just battles against modernity. The Founders simply did not contemplate the degree to which commerce would ignore borders. The Commerce Clause has been increasingly broadly interpreted because commerce has become increasingly interstate, hell, it's international, now.