Comment by fngjdflmdflg
19 hours ago
I think the meaning of the commerce clause is pretty explicit in the constitution. The existence of unreasonable interpretations of the commerce clause doesn't change that the commerce clause on it's own, just with a simple reading of it, isn't powerful. Also worth noting that at least one textualist, Justice Thomas, dissented in that case, exactly because of textualism.
Honestly, it seems completely irrelevant that a simple reading of the commerce clause isn't that powerful. What matters is how things are applied, and what precedents have been established. As applied the commerce clause is immensly powerful. As layman we can whinge about how words have been twisted, but in terms of things i can personally influence it means exactly nothing.
Whoops, "doesn't change " should be "doesn't mean." I think the simple reading actually is pretty powerful. It just says "[The Congress shall have Power . . . ] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" There aren't many qualifiers there except notably intrastate commerce.