Remember the medical marijuana case, where the Supreme Court rewrote the Interstate Commerce Clause of the Constitution? Basically they said the Fed can make all the laws they want, and the states have to abide by it because we're the Fed, and we know what's best for you. With the Interstate Commerce test basically vacated, Clarence Thomas noted in his dissent: "the Federal Government is no longer one of limited and enumerated powers".

Well, Kevin Baker points out that they are already using that decision as justification for other cases where the Imperial Federal Government fails the Interstate Commerce Clause.