When the Framers devised our Constitution, they envisioned a federal government of finite, enumerated powers, expressly reserving all remaining authority to the states under the Tenth Amendment. Over the decades, however, aggressive expansions of the Commerce Clause have steadily eroded this division, drawing local matters into the net of federal law enforcement. To understand how a localized issue like staged auto fraud ends up as a federal crime, one must go to the historic Hemingway Home and Museum in Key West.
For nearly a century, six-toed cats, rumored to be descendants of Ernest Hemingway’s polydactyl cat Snowball, have roamed the grounds as local icons. But in 2003, the US Department of Agriculture claimed that pursuant to the Animal Welfare Act—a law meant to regulate traveling circuses and zoos—the Hemingway Home is essentially a zoo, and the cats are functionally an exhibit. Applying an expansive view of the Commerce Clause, the US Court of Appeals for the Eleventh Circuit held that because the museum sells cat-themed merchandise and advertises to tourists online, the cats substantially affect interstate commerce, authorizing the federal government to regulate their living conditions. That ruling established a precedent where virtually any local activity could be regulated by Washington.
