I was referring to Lopez, and I'll concede that "overturn" is probably too strong a word. But it was the first time in 60 years that SCOTUS didn't roll over wh

I was referring to Lopez, and I'll concede that "overturn" is probably too strong a word. But it was the first time in 60 years that SCOTUS didn't roll over when congress claimed to have authority under the commerce clause and marked the beginning of increased skepticism of commerce clause claims. Moreover, the majority in Lopez proposed a four-part test, the first of which was whether the activity being is economic in nature. Previously under Wickard v. Filburn, the standard was whether the regulated activity could substantially impact interstate commerce. To see just how absurd this is (and how Lopez changes it), consider this: Can the federal government regulate whether I ride my bike to work? The government is charged with protecting national security. And part of that is ensuring adequate supplies of raw materials needed to prosecute a war. Fossil fuels are one such necessary material. If everyone rides a bike to work, oil producers and refiners may go out of business, thus substantially impacting interstate commerce for a domain in which the federal government clearly has a legitimate interest. Therefore, under Wickard v. Filburn the federal government has clear constitutional authority to make it illegal for me to commute to work by bicycle. That's insane. And this is very analogous to what Filburn did that led to the case Wickard v. Filburn: By riding a bicycle, my impact on interstate commerce is caused by the fact that I am simply declining to participate in interstate commerce. Filburn grew wheat for his own consumption. However, under US v. Lopez my bicycle commute is a noneconomic activity, and not something that can be regulated. This removes an enormous class of activities from congress's regulatory authority. > I think the credit card fees would be subject to federal oversight but not the fundamental transaction facilitated. Sure, fine. But MasterCard won't process your payments if they can't charge you a fee for facilitating your transactions. The constitution gives congress broad authority to regulate interstate commerce. They are well within that authority to say "you may charge fees for payment services for X but not for Y".