Well, there is that pesky little First Amendment issue.
Noting that gasoline-powered vehicles did not exist when the amendable Constitution was ratified, just as with unconstitutional, but vote-winning Obamacare, there was nothing stopping Congress from exercising its Article V powers to petition the states for new powers to justify the religious-sounding bill as it affected local and state zoning regulations.
"In every event, I would rather construe so narrowly as to oblige the nation to amend, and thus declare what powers they would agree to yield, than too broadly, and indeed, so broadly as to enable the executive and the Senate to do things which the Constitution forbids." --Thomas Jefferson: The Anas, 1793.
Instead, the feds got away (again) with unconstitutionally expanding their powers imo, in this example by passing what was arguably a vote-winning, election year bill nonetheless.