southbeach1500 saidShe couldn't say the simple words "yes" or "no" to the question, "Is a law passed by the Congress that says each citizen must eat 3 servings of fruits and 3 servings of vegetables each day, otherwise you will be fined and possibly jailed" a violation of the constitution.
Do you know what the Commerce Clause is? Your comments above suggest that you may need more information on how the Supreme Court has interpreted it over the last 2 centuries. I doubt you know what the "effects test" is. But you should if you want to make statements like the one you did above.
The question is really whether unelected judges should defer to elected representatives about what is or isn't within their power. That you think this is an easy question merely illustrates your ignorance. Conservatives often bray about "unelected judges" creating new rights, or circumscribing the power of legislators. This is a concern in Commerce Clause jurisprudence as well as Due Process jurisprudence.
There are conservative scholars who think that legislation that prohibits discrimination in employment based on race, sex, or -- perhaps one day -- sexual orientation is not conferred by the Commerce Clause. They are a scary lot, in my view.