I haven't been ignoring you. We got hit by a major storm over last weekend and just got power restored late Wednesday afternoon. But it will probably be knocked out tomorrow by the storm I can see coming in. Computer withdrawal is not a pretty thing to watch.
tacticalogic suggests: "Check it out. More Commerce Clause madness."
Good grief man, can't you see the logic in that? How much clearer a connection could there be between interstate commerce and protecting the endangered Pygmy Owl? Is there any among us, so heartless and devoid of compassion that they wouldn't begrudge a measly little plot, 10 miles on a side, for each and every one of these owls? </sarcasm>
I wonder how many that decry the Endangered Species Act realize that Congress claims (and the court's agree) that its authority to enact such legislation is found in the Commerce Clause? And they do this without blushing. The problem is, that even if you were able to overturn that, you would still have to face the "inherent sovereignty" doctrine, which could accomplish the same thing. The phrase "inherent" should give you some clue as to just where the justices find it in the Constitution. (i.e., it ain't in there, so it's inherent!)