Like it or not, the Constitution gave the federal government limited powers.
The Obamacare case notwithstanding, the scope of the commerce power under present “law” borders on the absurd. You can be convicted of a federal crime because the car you drove three miles in one state after a robbery was shipped across state lines ten years ago, or because three miles of driving occurred on a U.S. Highway. You can be convicted of a drug offense even though you grew the drugs on your own land, and never bought or sold from anyone out of state: even for mere possession. Just ridiculous.
And the federal regulatory leviathan has gotten absurdly out of hand. The transgender bathroom guidance was perhaps the worst — an executive agency has no business contorting the definition of “sex,” which had a well-understood meaning in 1964 and 1972, to cover the feelings of those suffering from gender dysphoria. If we want to mandate denial of objective reality, and celebration of mental illness, it needs to be done by Congress.
And then it’s time to eliminate all of the odious legal horse excrement that’s fouled our jurisprudence as the result of activist judges — all abortion decisions, Obergefell v. Hodges, and Lawrence v. Texas, Griswold v. Connecticut.
And it’s time to have a robust doctrine of liberty of contract, to protect people from state legislatures from enacting rent-seeking “professional” licensing laws, like those that require florists and teeth whiteners to be licensed.