Unfortunately, the ‘commerce clause’, which was meant to assure that interstate commerce was ‘regular’, unimpeded, (see Federalist Papers …) has been used to essentially subterfuge the fundamental premise of the Constitution - limiting the powers of the Federal Government.
During a recent hearing the Solicitor General essentially could not come up with a single example that in his opinion the Federal Government could not control under his understanding of the clause.
Unfortunately, the ‘commerce clause’, which was meant to assure that interstate commerce was ‘regular’, unimpeded, (see Federalist Papers …) has been used to essentially subterfuge the fundamental premise of the Constitution - limiting the powers of the Federal Government.
During a recent hearing the Solicitor General essentially could not come up with a single example that in his opinion the Federal Government could not control under his understanding of the clause.
It will most certainly be tested again.