...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. 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.
J. Scalia, concurring in Raich, 6 June 2005
http://www.law.cornell.edu/supct/html/03-1454.ZC.html
ugh. Sounds pretty damning. OTOH, I s’pose he might be re-thinking that in light of the overreach HusseinCare has broached.
Let’s see how it goes.