"Among the Several States"

Just to report a bit further on my reading of William Crosskey: he presents overwhelming evidence that "among the several states," a key phrase in the Constitution's Commerce Clause, meant "among the people of the several states" and that an exclusively interstate meaning was almost certainly not intended. For example, he provides quotations from literate people at the time who referred to the duty of government to promote peace or tranquility or happiness "among the several states." The contexts of these quotations indicate that these could not have been meant to exclude intrastate peace or tranquility or happiness. In fact, in one example a delegate to the Constitutional Convention lamented that although Congress in the Confederation period "was intended to be a body to preserve peace among the states," it was not authorized to suppress Shays' Rebellion, an entirely intrastate affair.

Moreover, Crosskey provides countless quotations showing that the word "state" itself more often than not meant the people of a state. This was apparently the default meaning; other senses of the word seemed to require specification. Thus "among the several states" would have meant "among the people of the several states." This, again, is inconsistent with a strictly interstate reading of the Commerce Clause.

The upshot is that the Commerce Clause was not likely to have been intended as a limit on the power of Congress to regulate commerce. It's unfortunate, but the facts are the facts. Hiding from them does us no good.

Constitutional Question of the Day

(Full disclosure: I probably won't be able to do this everyday.)

Articles of Confederation, Article II. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.

Constitution, Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Are these significantly different? If so, why?

Constitutional Question of the Day

Where in these words does it state that the national government may regulate only interstate commerce?

The Congress shall have Power ... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

I know it's been interpreted that way since about 1808 (not 1789), but why? Does the text actually support that interpretation and no other?