No, they haven't. Only a certain sub-set of commercial calls have been made illegal. Commercial speech has less constitutional protections than political speech. Reasonable limitations on time, place and manner on commercial speech that leave open alternative venues for the commercial speech are quite constitutional. Try arguing in front of a judge that you have a first amendment right to ride around in a sound truck and blare 140 decibel commercial speech in a residential neighborhood at 4:00 AM and see how far you get.
That's just wrong. All things are legal unless the Feds have been specifically granted authority to regulate it
Granted, but I was talking about the process that leads to something being banned- popular will + a constitutional law = ban on certain behavior. In any event, as I've mentioned before, regulation of telemarketing falls squarely under the Commerce Clause
You don't have any Constitutional right to restrict my firearms practice because you don't like the sound of gunshots.
Sure I do- in fact, any government has a right to pass ordinances against noise etc. So long as the ordinance is content neutral- i.e., the noise ordinance is directed at noise, rather than at your 2nd amendment rights, it passes constitutional muster. Has this been an issue for you in the past?
You signed up for a phone service that specifically allows what you are now calling "trespass". The correct analogy is leaving your gate open with a sign saying "come on in". I can't be charged with trespassing in that case.
Maybe, but once again, my contract with the phone company only means that I can't sue the phone company for allowing telemarketers to use the phone lines to call me. Your "come on in" sign analogy isn't accurate. More accurate would be a situation where you, as a homeowner, give the power company an easement to run lines onto your property (if you own a home, your property is subject to such an easement) and to repair them as necessary. You then proceed to put a non-trespassing sign on the property. A third-party, such as a door-to-door salesman, could not argue that the easement to the power company allows him to trespass onto your property.
You're wrong about the "any". The Federal government has only enumerated powers, regulating noise is not one of them even if my noise travelled across state lines.
More accurate would be a situation where you, as a homeowner, give the power company an easement to run lines onto your property (if you own a home, your property is subject to such an easement) and to repair them as necessary. You then proceed to put a non-trespassing sign on the property. A third-party, such as a door-to-door salesman, could not argue that the easement to the power company allows him to trespass onto your property.
That's tortured and wrong. The service from the phone company specifically allows calls from all parties including commercial calls. You are correct that it does not allow illegal calls, but you haven't shown what causes commercial calls to be illegal.