Technically speaking, such a requirement already exists due to federalism jurisprudence in the 80s. Almost all Congressional acts that we would normally consider violations of the 10th Amendment are pushed through under the Commerce Clause. In the 80s, the Rehnquist Court got sick of this and started requiring Congress to include language in any Commerce Clause bills explaining how, exactly, the bill relates to Congress' authority to regulate interstate commerce. The problem is that it's extremely easy to satisfy this requirement. All Congress has to do is pass a statement that says that something that travels in interstate commerce is affected in some way by the legislation.
In your toilet paper hypothetical, the Congressional justification would be something like this:
Toilet paper flows through interstate commerce. Therefore, Congress has the authority to regulate the direction in which toilet paper must dispense.

This justification would probably pass muster, with the exception being that you could have your toilet paper dispense as you wish if you could show that no element of the toilet paper ever entered the stream of interstate commerce. Pretty much: if you made your own toilet paper, they couldn't tell you what to do with it. Otherwise, you're out of luck.
Mark | Homepage | 04.16.08 - 5:05 pm | #

The ol' devil "interstate commerce" strikes again. And again. What a loophole.
Not voting this year | Homepage | 04.16.08 - 10:02 pm | #

Boortz is awesome. You're right though mass media isn't interested in providing facts... it is as bad as entertainment news or American Idol in terms of it's factual value. Completely pointless. I think Congress should be forced to adhere to the Enumerated Powers Act retroactively all the way to the 19th amendment.

Collin
www.rejectsociety.com
Collin Williams | Homepage | 04.30.08 - 12:53 pm | #