Whether it is or is not, I prefer to let the States make the decision. Might as well do away with the States altogether with such a broad reading of the Commerce Clause anyway.
"Might as well"? Have you taken a look at what the feds do with the "grants" they make to the states -- first the enticement to accept the grant and subsequently the threat of its withdrawal or reduction??
Way too often the cost of implementing the latest requirement goes WAY above what the requirement would cost to execute, and that's what I tell my state legislators on specific issues. And I've seen other states proceed (their shares enlarged by the monies we gave up) and find -- lo and behold, this costs MUCH more than the proffered monies! Gee whillickers; if *I* could figger that out...
The system has flaws and is broken. But there are too many vested interests with no incentive to fix it.
Draw your own conclusions.