Justice Thomas is a sitting justice on the USSC. If he believes that Congress is overreaching their constitutional powers for any reason, he and four others have the power to stike down the legislation as unconstitutional. What is his problem?
After all, two recent "commerce clause" statutes were struck down by Justice Thomas and the USSC as overreaching by Congress (VAWA and the Gun-Free Schools Act -- as you well know).
So, Justice Thomas' crying about how helpless we all are in the face of a controlling Congress is a bit much.
Do you agree with Justice Thomas that the "substantial effects" interpretation cannot be correct under the Constitution?
Yes or no?