I can't even believe you bring this up as an example.
Again, please do not put me in the position of defending this as I abjectly abhor it.
But in terms of the strict words of the US constitution, I'm sorry it's just not in there. Again the constitution is meant to RESTRICT federal power not give "guidelines" for operation.
Anything not EXPLICITLY mentioned in the constitution as a federal power is out of scope for the federal government, if you believe in the constitution anyway.
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