What section of the Constitution do they think grants the Federal government this power?
This probably is a state matter.
Thomas has said he wants to s***can the "dormant commerce clause" line of cases altogether, i say amen; it isnt the Supremes job to regulate the economy until Congress bothers to do its job, if necessary
More 'Commerce Clause' insanity, apparently.
From Scalia's comments:
"Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce."