They'll have no problem making it past of the commerce clause. The law doesn't matter, politics do. The rule of law is not a self-enforcing principle, it's a p

They'll have no problem making it past of the commerce clause. The law doesn't matter, politics do. The rule of law is not a self-enforcing principle, it's a political equilibrium built around a consensus. Checks and balances mean that it's somewhat detrimental to depart from this consensus, which is why it's stable. However, it's not a very tight equilibrium. The restoring forces are weak, and they keep weakening over time.