[anamax]

> Wickard was 70 years ago, interstate commerce doctrine has evolved a lot in the intervening years.

The Supremes haven't overturned Wickard.

Yes, they did decide that the first version of the Gun Free School Zones Act didn't have a commerce nexus, but they seem quite content with the current version, which affects only those guns that have gone interstate.

However, the relevant question is whether the Supremes have ever decided that something sold can be exempt from the federal power to regulate interstate commerce.

Take machine guns. A Montana statute that allows unrestricted sale of machine guns made in Montana clearly affects "commerce" (in Montana at the very least) of guns not made in Montana, aka "interstate guns".

Do you really think that the Supremes would reject that argument? On what basis?

And, if they accept that argument wrt guns, why wouldn't they accept it wrt cantalope?