Time for the Court to Reconsider the Bill of Rights

Channels of Commerce

You can't transport lottery tickets from state-A to state-B, even if states A & B allow the transportation and possession of lottery tickets.  Today the Eighth Circuit - in under three-pages - upheld the provision of the Animal Welfare Act that prohibited the interstate transportation of cocks into states that allow cock fighting.  Slavin v. United States, No. 04-2225 (8th Cir. Apr. 4, 2005).

Although the case has little doctrinal value, it's a reminder of how far the courts have gone from an original understanding of the Commerce Clause.  How is preventing the transportation of an item that is legal in state-A and state-B "regulating" commerce?  Randy Barnett, The Original Meaning of the Commerce Clause, 68 U. Chi. L. Rev. 101 (2001) (arguing that Congress' power to regulate interstate commerce did not generally include the power to prohibit the movement of commercial items that Congress found objectionable).