And in the case of the various State laws on pot, Gonzalez v. Raich, as noted here.
But my comment is about what should be. We know what "is" due to New Deal overreach.
But being Conservative in the American sense should mean trying to undo all those "Progressive" era usurpations.
When Gonzalez v. Raich was argued I was really hopeful that a majority on the Supreme Court would use it to overturn Fickburn v. Wickard. Instead, they cited it as binding authority.
The Constitution says whatever 5 out of 9 Supreme Court Justices say it says. Antonin Scalia and Anthony Kennedy will both turn 80 in 2016. Clarence Thomas will turn 70. The next president will almost certainly fill at least 2 of the 3 seats.
If Hillary is elected, she will fill the seats with far left wing liberals who will be legislating from the bench for the next 30 years. Be afraid. Be very afraid.