[Know your rights]

It is not credible to hope to limit the federal government today by yanking pre-New Deal commerce clause constitutional practice from the graveyard and resuscitating it.

Liberals of fond of chanting "you can't turn back the clock;" I think conservatives should be more optimistic.

As I suggest, some aspects (the dual federalism doctrine) may be adapted in new forms appropriate to today.

What would those "new forms" be, and how much of New Deal commerce clause abuse would they undo?

[Rockingham]

Instead of not being able to "turn back the clock," I would put it as that even God cannot undo the past. See the Book of Job.

Under my projected revival of dual federalism concepts, matters involving local police powers without an appreciable impact on federal commerce ought to be beyond the scope of the federal commerce clause.

In one example, under the commerce clause, the federal government might comprehensively regulate commerce in dynamite but could not in isolation of such a scheme pass a law that prohibited the stockpiling of dynamite within a hundred feet of a school.

Nor could the federal government use the commerce clause to comprehensively regulate education, but it could regulate educational credentialing so as to prevent diploma fraud and prohibit diploma mills or it could make safety requirements for school buses.

Sorry though, for reasons I have already explained above, the suppression of marijuana cultivation and trade -- or attempted suppression if you wish -- requires a comprehensive scheme that penalizes even small scale cultivation or transfers.