"-- I write separately only to express my view that the very notion of a 'substantial effects' test under the Commerce Clause is inconsistent with the original understanding --".
Typically, our Communitarian commerce clause FReekers drag out the pitiful old 'FAA bit', as if anyone contests the 'police powers' of Congress to reasonably regulate air traffic among the several States.
Bizarre tactic.
It the "substantial effects" effect. "If we can't regulate everything, then we can't regulate anything."