State governments do not normally engage in commerce with each other, therefore it is reasonable to interpret "and among the several states" as granting power to Congress to regulate commerce between private parties and corporations in the several states. If I am not mistaken, the USSC has held that interpretation since before any of us were born. I will agree that the clause has been stretched to the breaking point in order to give far more regulatory power to Congress than the authors intended, Nevertheless, it is almost universally accepted that their intention was to grant Congress some degree of power over private interstate commerce rather than power to regulate virtually nonexistent commerce between state governments and agencies.
Even assuming that you are correct in assertion that Congress has the enumerated "power" to "regulate" private property, that power still cannot violate the Bill of Rights.
What BOR amendment gives a private party such as Gilmore the right to demand access to the services of a private company such as Southwest Airlines without regard to that company's rules and restrictions? The government made the rules, but the company is in charge of enforcing compliance with those rules. If I wanted to make a point concerning private property rights, IMHO the company would be within it's rights by refusing service to Mr. Gilmore for any reason or none at all.
That is precisely my point.
Our government made "rules" that violate the BOR. Amendments II, IV, V, IX, XIV.
TAS is also enforcing some of those "rules." TAS is violating the BOR. Amendmend IV.
If the airline made the rules and used their own personnel to enforce the rules, (by the way, that is what free people do) I have no problem with presenting an ID or even being prevented from being allowed on board a private property owners aircraft for any reason that the private property owner decided upon.
I do not believe in thatv civil rights philosophy. "you have a right to seat at the lunch counter."
It is clear from the article that he had no real expectation of flying that day, he was simply creating his own soapbox; to be heard, one must sometimes shout.