Why, and by what standard is it "constitutional"? Are you looking for the Founder's original intent, or searching for "emanations and penumbras" to justify pursuit of a political agenda?
Regarding the power to regulate commerce among the several states, it was the Founder's intent that the states themselves rectify injustices, rather than Congress. This does not preclude Congress from acting, however, and acting in a manner consistent with the wording in the Commerce Clause itself.
That was the intent. I have no problem with that.