I don't think you can call it "commerce" when it is illegal.
OTOH, if someone wants try to mine uranium in Colorado, enrich it in Colorado, and manufacture a nuclear bomb in Colorado, using equipment and parts all manufactured and purchased solely within Colorado, then it would not fall within Congress' authority under the Commerce Clause (although trying to detonate it clearly would, unless it is a really small nuclear bomb with no fallout).
How would detonating a nuclear bomb fall under the "Commerce Clause"? What part of it is "commerce"?
No, the authority for interdicting this sort of stuff is the Defense Clause.
Of course, even if the Commerce Clause does not apply, manufacturing, selling or purchasing any sort of weapon of mass destruction (even if entirely intrastate) would still fall within Congress' authority under several of the other enumerated powers in Article 1, Section 8 of the Constitution, including the power to "provide for the common defense" of the United States.
Thank you. My point exactly.
The point is that the Commerce Clause is not Congress' only enumerated power and it should not be construed so broadly that the other enumerated powers are moot and the federal government has the power to regulate every transaction.
I agree. The Commerce Clause has been interpreted over broadly, but sufficient justification exists from other constitutionally delegated powers to allow the interdiction of dangerous substances which are deemed a threat to the nation.
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.