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If we begin , however , at the normative starting point that the Constitution 's legitimacy derives from its popular ratification , a narrower set of sources becomes authoritative . The Ninth Circuit said its holding was required in order to avoid the constitutional question whether Congress has authority , under the Constitution 's " Inter-state Commerce Clause , " to determine what is and is not legitimate medicine for the purpose of regulating the use of federally controlled drugs . A survey of American political discourse after the Constitution 's ratification reveals that its provisions were often quoted in such a manner as a minister would quote the Gospel . Using a close focus on the text and a wide array of historical sources , Michael Ramsey argues that the Constitution 's original design gives the president substantial independent powers in foreign affairs . A lower federal court agreed that the law was unconstitutional , not because it violated the Second Amendment or the Tenth Amendment , but because Congress exceeded its power under the Constitution 's commerce clause .