[palmer]

The Commerce Clause was created to allow the Federal government to override state restrictions on trade such as tariffs. Your contract with the phone company does include calls from anyone. Mine does too, but my cell provider makes an effort (through law suits) to prevent commercial solicitations. The only conceivable Federal role would be to override state restrictions on local service providers. There's no reason you shouldn't have a large choice of local service providers considering the technology available, is state boards who are primarily controlled by the local phone companies and prevent that competition.

[Modernman]

The Commerce Clause was created to allow the Federal government to override state restrictions on trade such as tariffs.

That's just one part of the Commerce Clause. The Commerce Clause gives the feds the power to "To regulate commerce with foreign nations, and among the several states, and with the Indian tribes." Tell me how regulating commerce that is clearly interstate (telemarketing) doesn't qualify as "regulation" under the Commerce Clause?

Your contract with the phone company does include calls from anyone.

And again, telemarketers are not party to my contract with the phone company. They can't rely on the contract to defend themselves.