[TexasFreeper2009]

Well someone needs to tell that to Elana Kagan because during her confirmation hearings to the supreme court she basically said that congress has limitless powers given to it under the commerce clause, and that the court shouldn't second guess the will of the congress.

[andy58-in-nh]

Elena Kagan has no business being on the Supreme Court, but fortunately and for now, she is in the minority. Article 1 Section 8 of the Constitution provides that Congress shall have power: "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Notice that there is nothing about regulating regular commerce between individuals, and also know that even among supporters of a strong central government, this power was intended to imply control over treaties and trade agreements (for more: read Federalist #22). Otherwise, Congress would be able to exercise whatever influence it wanted, for whatever reason upon private transactions. No reasonable reading of the Constitution or of history would provide support for such an interpretation. Further, the 10th Amendment provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people".