The 2012 Supreme Court must determine whether the Founders had any intention of mandating the behavior of private enterprises and individuals.
To me, the answer is obvious: absolutely not.
You know, like slaveholders. Slaves were commerce, you know. Founders didn't have any real problem with that, either. Allen West: legal eagle. Bonus argument: "Hey you stupid Supreme Court people, please ignore all the previous legal arguments up until now and go with the intent of the Founders only. DO YOUR JOB. Signed, Allen."
I so want to see this argument used. Really, I do.