“absent the federal Defense of Marriage Act, gay marriages in one state arguably have to be recognized in other states. In addition, drugs and pornography readily travel across state lines and incontestably implicate the commerce clause in that respect at least.”
Read up on the Commerce Clause. Its original intention was not to restrict commerce as it’s been used lately, it was intended to ENCOURAGE commerce.
The libs in Congress (Pelosi, Reid, etc.) believe that if you stretch the CC far enough it can be used to cover anything. There is nothing that is off limits, in their opinion.
The Constitution grants Congress the power “to regulate commerce.” That includes sometimes the power to ban things, such as tainted beef, medicines made of radioactive salts, drugs that are prone to abuse, and kiddie porn.