[spunkets]

"Why hasn't Congress used this route to preclude jurisdiction on abortion, same sex marriage and countless other issues that tear at the fabric of our country derived as it was from European forebears?

Abortion is covered under the commerce clause, because the physician's enterprise is interstate. The other issues belong to the States, because of the Tenth Amend.

[inquest]

Sorry, if I'm selling hot dogs outside my front porch, and some guy from halfway across the country decides to buy one, I'm not engaging in "interstate commerce".