The interstate commerce part of the Constitution among other things is what I was referring to with the X Y thing.
"[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes"
This simply states that they can regulated from one state to another, to another. Remember any power not given to the fed by the Constitution is reserved for the states or the people.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The point of the 10th was to keep the fed from having the power to control anything other than what the states agreed to in the Constitution.
When this was wrote there was no question that the fed had no power to regulate farming inside a state. The SCOTUS has forced that power on to us by use of "legislating from the bench" or compounding court presidents. The Constitution is hard to change for a reason. The SCOTUS an the rest of the Fed are going around the amendment system. They know it is easy to pass the laws. Getting the states to ratify a amendment to make the laws have power inside a state is hard. I dont think half the states would ratify that. But the SCOTUS, not having to be accountable can an has changed the meaning of the Constitution at will to push political goal that would never get passed threw the correct channels.
An sorry, yes all should have read as 51%+ of the vote in my last post.
I think the SCOTUS should have to be accountable an I also think the 51% rule is way to easy when it come to Constitutional review
Right now it takes 5 out of 9 votes to change the meaning of the Constitution threw the SCOTUS which is not that hard. But to ratify a amendment to change the meaning of the Constitution it takes 2/3s of congress, 2/3s of the senate an 2/3s of the states. If all 9 Justices agree that a law is Constitution then you can assume it is. But most of the time they do not agree. What if 1 says its not. What if 2 says its not. What if 3 says its not. I know at 3 that means 1/3 says its not. So you can assume that 1/3 of the country says its not. Seems to me that if it takes a little over 1/3 at any of 3 votes to stop adding powers the to fed then 1/3 of the SCOTUS should be enough to stop adding power to them threw "bench legislation."