” a valid exercise of commerse(sic) power”
Bull! They use that excuse far too often.
Maybe they should spend more time in spelling class and less time in our business.
Unfortunately, we cannot count on Justice Scalia to uphold the Constitution on this. He voted correctly in the Lopez decision, but then, the War on some Drugs got the best of him and the Constitution with the Raich decision, where he voted that the Commerce clause included virtually everything.
Here is an article about it:
They do use that argument far to often... but I don’t think they’ve figured out that their use of it is a double edge sword. It will come back to haunt them sooner than they realize.