Um, if it is not "commerce" then how can Congress make it illegal under the Commerce Clause?
How would detonating a nuclear bomb fall under the "Commerce Clause"? What part of it is "commerce"?
The part where the blast or the fallout disrupts commerce in neighboring states.
I do not think they have to use the commerce clause to declare it illegal, I think the commerce clause is only used in such a manner because Liberal Judges on the Supreme Court during the Roosevelt era made it convenient for them to use the commerce clause in such a manner.
As we have both noted, justification exists elsewhere.
The part where the blast or the fallout disrupts commerce in neighboring states.
And now who's stretching the commerce clause? :)