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That because of racist rulings in the 19th century, the Supreme Court feels bound to treat civil rights as if they had to do with interstate commerce. The Violence Against Women Act is ruled unconstitutional because there is no locus that puts some guy smacking his girlfriend or wife around into the realm of interstate commerce. The counterargument is that a person's rights should be guaranteed not because they can be connected to interstate commerce, but because there are certain inalienable rights. The right not to be smacked around should be one of them.
The Supreme Court, however, has determined that civil rights are only guaranteed as far as they connect with interstate commerce, a proposition that only exists in libertarian wet dreams. Civil rights are not a commodity, and as such, should be regulated by the power of the legislature, not by their relationship to interstate commerce.
But the idea that something is not a commodity is anathema to libertarians, and racist, sexist clods.
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