So you're hoping to find the WOD unconstitutional based on the argument that illegal drugs (1) Constitute commerce and (2) that commerce doesn't cross state lines. If I were going to hang my hat on something to show federal overreach, this would not be it. About 70 years of cases are going to get tossed in front of the Supremes showing that drugs extensively cross national and state borders. Are legal drugs capable of being regulated in your world view, or is it just illegal drugs that can't be regulated? What of smuggling? Are all goods out of the reach of the government to regulate, or is it just illegal drugs? Were the tariffs that were in effect from 1786 illegal or was it just the enforcement of the tariffs that were illegal? Are tariffs legal, but prohibition not? What of 10,000% tariffs? Please clarify.
James Madison to Joseph C. Cabell
13 Feb. 1829Letters 4:14--15
For a like reason, I made no reference to the "power to regulate commerce among the several States." I always foresaw that difficulties might be started in relation to that power which could not be fully explained without recurring to views of it, which, however just, might give birth to specious though unsound objections. Being in the same terms with the power over foreign commerce, the same extent, if taken literally, would belong to it. Yet it is very certain that it grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged.
What is it about that you don't understand?