I mentioned in my last post that I don't think Missouri v. Holland (the case involving a migratory bird treaty) was correctly decided. I just want to add that a lot may depend upon the type of bird. Suppose we're talking turkeys, for example, instead of eagles; a migratory turkey could have a lot more commercial significance than a migratory eagle, especially in view of a certain upcoming holiday. Seriously, if the bird has commercial significance then its international travel may well fall within federal power, as distinguished from some other type of bird that flies across international lines without having any commercial significance.
Now, if we migrate this discussion from birds to, say, automobile manufacturing equipment, then would anyone argue that Ford Motor Company might be exempt from federal regulation when it transfers manufacturing equipment from its property in Michigan to its property in Canada, merely because no buying or selling was involved in that transfer? Of course not. And so migratory turkeys and migratory manufacturing equipment seem to both fall within the power of the federal government to regulate foreign commerce. I leave it to you to ponder whether humans are more like eagles or more like turkeys, in this regard.
Posted at 9:14 AM