My problem with the commerce clause is that -- if left unchecked -- it can be used as an excuse to pass virtually any law at all. I mean, every single thing that we use in daily life has traveled in interstate commerce. Does that mean that Congress can pass any law regarding anything?
I know the SCOTUS has gone back and forth as to how strictly it interprets the CC. For a while in the 1940's and 50's, it upheld virtually every law based on the CC. Then the Court started to roll back a little and say, "wait a minute." The congress can't get away with passing any 'ol law and then saying the CC justifies it. There has to be a limit.
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