[Nonstatist]

he thought..they were basing it's constitutionality on the commerce clause. He wanted them to base it on other grounds.

The commerce clause is the Primary Rationale used by the "Living Constitution" crowd to federalize Everything. Without the Commerce Clause, there is no real avenue in the Constitution for nationalisation of even the most mundane matter.

His reasoning makes me think he's an originalist, and that is Exactly what we're looking for. He seems to be as "Renquist" as Renquist himself, IMO.

[Coldwater Creek]

I agree with you!! I am already worn out, and it is not even 24 hours into the process!!!!!!