On the recordOctober 19, 2017
our constitutional structure puts in place a Federal Government with powers that James Madison described as ``few and defined'' and those reserved to the States as ``numerous and indefinite.'' Among other things, the Constitution gives powers to the Congress to regulate interstate commerce, trade or commerce between the States, with foreign nations, and with Indian Tribes. It does not give the Congress the power to regulate any and every activity occurring intrastate. Yet, for the last few decades, under the Endangered Species Act, this very power has been abused to regulate species that exists only in one place, only within one State, never crossing State lines, never forming any part of any channel or instrumentality of interstate commerce. This is wrong, it is unconstitutional, and it eviscerates and circumvents the meaning of the 10th Amendment. We need to liberate this country from the dictates of a few bureaucrats in Washington, DC, who have overextended their authority under the Endangered Species Act. My amendment fixes that, and I urge my colleagues to support amendment No. 1429. The PRESIDING OFFICER. The Senator from Delaware.