The concept comes out of something akin to the sibling reply to my comment.
That there are legal concepts/ideas/etc. that would allow government to regulate something is usually a given, especially in our globalized world where you might buy something online made 3 states away (so that the Federal government is clearly in the lead).
The conceit is that just because government can get involved doesn't mean it's a good idea for government to get involved. In fact it's practically axiomatic here that the 'proper' level of government involvement in laws, regulation, etc. is the minimum needed to do the job and that government interaction beyond that level is actively harmful. Even the Democrats tend to toe this line, their disagreement generally comes at the level of "minimum needed" (e.g. there was a push for single-payer option before ObamaCare was finalized as that was felt to be the only way to really meet the goals intended).
That there are legal concepts/ideas/etc. that would allow government to regulate something is usually a given, especially in our globalized world where you might buy something online made 3 states away (so that the Federal government is clearly in the lead).
The conceit is that just because government can get involved doesn't mean it's a good idea for government to get involved. In fact it's practically axiomatic here that the 'proper' level of government involvement in laws, regulation, etc. is the minimum needed to do the job and that government interaction beyond that level is actively harmful. Even the Democrats tend to toe this line, their disagreement generally comes at the level of "minimum needed" (e.g. there was a push for single-payer option before ObamaCare was finalized as that was felt to be the only way to really meet the goals intended).