[antiRepublicrat]

it's permissible to penalize growing wheat for home consumption. But the law did not forbid growing wheat for home consumption.

A difference without a distinction. The sticking point here is that the federal government, under the Commerce Clause, can regulate an activity that within itself is not commerce and does not cross state lines.

[Cboldt]

-- A difference without a distinction. --

True, in practice. But it's an abomination of legal logic, to take a law that does NOT penalize something, and assert that the decision upholds a law that does penalize something.