The commerce clause argument is an interesting one. I suppose the Constitution DOES give the Congress the power to ban soap that is sold between states.
Thing is, this “ruling” isn’t from Congress, it is from an executive branch agency.
While we are quoting the Constitution, let’s start with the very first words after the preamble:
“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
The first word in that paragraph says it “all”, no pun intended. Rulings by bureaucracies and judges carry the force of legislation. But the Constitution says, plainly, that ALL legislative powers belong to Congress.
We have gotten away from making certain that our laws are made by Congress, enforced by the executive branch, and protected by the judiciary. Whatever the founders envisioned, it WASN’T a bureaucracy (even one created by Congress) that can make LAW.
See post 39.
Your point is based on what is called the non-delegation doctrine, but it is more a political point than a legal argument. With limited exceptions, the US Supreme Court has not prevented Congress from delegating rule making power to federal executive agencies and has held the practice to be constitutional in most instances.