§ 1-1-2.5-2 — General Assembly declarations

Indiana § 1-1-2.5-2

• Jurisdiction: Indiana
• Title 1: GENERAL PROVISIONS
• Art. 1: LAWS GOVERNING THE STATE
• Ch. 2.5: Regulation of Intrastate Commerce

Text

The general assembly declares the following:
(1) The Tenth Amendment to the Constitution of the United
States provides that the only powers that the federal government
may exercise are those that have been delegated to the federal
government in the Constitution of the United States.
(2) The Ninth Amendment to the Constitution of the United States
guarantees to the people rights not enumerated in the Constitution
and reserves to the people of Indiana those rights.
(3) Under Article I, Section 8, Clause 3 of the Constitution of the
United States, the federal government is empowered to regulate
commerce among the several states.
(4) The power to regulate intrastate commerce is reserved to the
states or the people under the Ninth and Tenth Amendments to
the Constitution of the United States.
(5) During the Constitutional Convention, the founders
considered a plan that would have authorized the federal
government not only to regulate commerce among the several
states, but also to regulate any activity having spillover effects
across state lines. The founders rejected this latter idea.
(6) All:
(A) goods grown, manufactured, or made in Indiana; and
(B) services performed in Indiana;
when the goods or services are sold, maintained, and retained in
Indiana are not subject to the authority of the Congress of the
United States under the constitutional power of Congress to
regulate commerce among the several states.

Legislative History

As added by P.L.152-2012, SEC.1.