CRASH: A Proposed Constitutional Amendment

A modest proposal to reinstate the pre-FDR Commerce Clause:

The power of Congress to make all laws which are necessary and proper to regulate commerce among the several states SHALL NOT be construed to include the power to mandate, regulate, prohibit or tax any activity that is confined within a single state and subject to the police power thereof, regardless of the activity’s economic effects outside the state, whether it employs instrumentalities therefrom, or whether its regulation or prohibition is part of a comprehensive federal regulatory scheme. No branch of the Federal government shall have power to compel economic activity, or alter otherwise legal private contract, except through bankruptcy.