Mueller-Keating Memorial Highway Act

The designation of a federal highway is a proper exercise of Congress's power under Article I, Section 8, Clause 7 to establish post roads and under the Commerce Clause (Article I, Section 8, Clause 3) to regulate interstate commerce. The federal government has a clear interest in maintaining and naming the national highway system to facilitate commerce and travel among the states, as argued in Federalist No. 11 regarding the advantages of a unified commercial system. This action does not infringe on state powers reserved by the Tenth Amendment, as it merely names a road within the federal int…

This bill proposes to designate a federal highway, which implies a federal role in internal improvements and roadways. The Constitution grants no express power to the Congress for such purposes; the Tenth Amendment reserves all powers not delegated to the United States to the States or the people. Furthermore, the General Welfare Clause (Article I, Section 8, Clause 1) cannot be stretched to authorize such local projects, as this would consolidate power in the federal government and undermine the sovereignty of the states. The Bill of Rights, particularly the Ninth Amendment, reminds us that t…

The power to designate highways is not expressly enumerated in the Constitution, but may be implied under the power to regulate interstate commerce (Article I, Section 8, Clause 3) if the highway in question is part of a system that facilitates commerce among the several states. However, the mere naming of a highway, without a clear connection to an enumerated power, risks exceeding the limited and delegated authority of the federal government. As I argued in Federalist No. 45, the powers delegated to the federal government are few and defined, while those reserved to the states are numerous a…

This bill, which designates a federal highway, falls squarely within the enumerated power of Congress to establish post roads and regulate commerce among the several states. The Constitution grants Congress authority over post roads in Article I, Section 8, Clause 7, and the power to regulate interstate commerce under Article I, Section 8, Clause 3. As established in Gibbons v. Ogden (1824), the power to regulate commerce includes the authority over the channels of interstate commerce, which encompasses highways used for such commerce. Furthermore, the designation of a highway is a proper exer…