[Mojave]

Are the limits of the scope of federal power over commerce set by the Constitution, or the courts?

False dichotomy.

The Constitution, the Congress, the courts and the changing nature of commerce all play rolls in determining the extent to which federal powers are exercised in that arena.

[tacticalogic]

The Constitution, the Congress, the courts and the changing nature of commerce all play rolls in determining the extent to which federal powers are exercised in that arena.

What is the nature of commerce that is fundamentally different than it was when the Constitution was ratified?