“ Unlike the power to regulate activities that have a substantial effect on interstate commerce, the power to enact laws enabling effective regulation of interstate commerce can only be exercised in conjunction with congressional regulation of an interstate market, and it extends only to those measures necessary to make the interstate regulation effective. As Lopez itself states, and the Court affirms today, Congress may regulate non economic intrastate activities only where the failure to do so “could … undercut” its regulation of interstate commerce. ... This is not a power that threatens to obliterate the line between “what is truly national and what is truly local.”
This is this black robed terrorists absolutely ridiculous reasoning to facilitate the continued failure of the War on some Drugs and some drug users in the Gonzales v. Reich case. “That could/might”? Are you kidding me! This was his pathetic attempt to rationalize government expansion in to areas of regulation that are totally un Constitutional, allowing the commerce clause to cover non interstate activity that had no commerce involved! Where in the commerce clause are the words “could/might’? They are not there. Next he will want to put people in jail who “could/might” commit a crime! This reasoning allows the federal government to regulate just about anything as elaborated by Justice Thomas in his dissent in the case. ”
Yeah! Like driving while intoxicated.