“The majority “has ignored the undeniable fact that Congress’ commerce power has grown exponentially over the past two centuries and is now generally accepted as having afforded Congress the authority to create rules regulating large areas of our national economy,” wrote Marcus, also a Clinton appointee to the appeals court.”
What a crackpot judge. Just because congress has taken over the authority of something doesn’t make it Constitutional. This statement by this judge is exactly how Communism and dictatorships are created.
Yes, that’s a self-reinforcing proposition; it’s legal because the government does it. We’re so far afield of the Constitution, it’s hardly recognizable.