Should the United States Constitution be construed to prohibit Congress from enacting Laws that punish people for extcaterritorial conduct under the Commerce Clause as Thomas Jefferson and the State of Kentucky construed the United States Constitution in the second resolution of the Kentucky Resolutions of 1798?

QUESTION PRESENTED In the second resolution in the Kentucky Resolutions of 1798, Thomas Jefferson and the State of Kentucky construed the United States Constitution insisting that the power to punish is reserved to the States of the Union except in the case of treason, counterfeiting the securities and current coin of the United States, picacies and felonies committed on the high seas, and offenses against the law of nations. According to them, any act of Congress which assumes to punish any other crime than these is altogether void and of no force. But for over a century now, the United States has been punishing other crimes than those so enumerated in the Constitution where the power to punish is reserved to the States, apparently under the guise of regulating commerce under the Commerce Clause. Petitioner is currently being punished for extraterritorial conduct under the Commerce Clause. The federal question presented for review is: Should the United States Constitution be construed to prohibit Congress from enacting Laws that punish people for extcaterritorial conduct under the Commerce Clause as Thomas Jefferson and the State of Kentucky construed the United States Constitution in the second resolution of the Kentucky Resolutions of 1798? i