Does the original intention of the constitution not matter when deciding these things? Because, you guys are debating by whether this is covered by the commerce clause... but the commerce clause is clearly used way more (and, arguable, very differently) to the way the founders intended (or, so it would seem, from the rest of the constitution, and the writings of (most of) the founders).
Question: would such a law have been considered fair game 50, 100, 150 years ago? If not, why is it today? Has the commerce clause changed in anyway? One can argue that the reading of it has changed, but that seems to take away all intention, and effectively turns to Constitutionality into who's the best at arguing semantics... and then, really, the Constitution doesn't exist at all.
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