Well, I’ve given you reasoning based on the text and intent of the Constitution. If you don’t agree with that reasoning, then you need to give contra-reasoning based on the Constitution. It doesn’t matter what the federal government or judiciary has said if it is not based on the Constitution because the Constitution, as the Supremacy Clause says, is the Law of the Land and the ONLY source of federal authority.
You need to learn that and find out for yourself what is in the Constitution and what its presumptions are. The Constitution and freedom is YOURS. You need to own it. Read Judge Robert Bork’s books, that’s a good start. Don’t read the stuff put out by the Socialists who hate the Constitution. Then if you have an argument based on the Constitution, let me know. I’d like to hear it.
If people, especially conservatives who are here on FR don’t learn to stand up for the Constitution as written, originally understood, and intended, then people will have failed to do what Benjamin Franklin said after creating the Constitution in Philadelphia when asked, “Well, Doctor, what have we got—a Republic or a Monarchy?” to which he replied, “A Republic, if you can keep it.”
Again, your opinion on the text and intent of the Constitution. And again, federal judges at all levels and throughout this country's history have disagreed with you.