Legalistic isn't the term - Orwellian is. The Supreme Court has legally defined interstate commerce to mean intrastate, trade to mean possession, and probable to mean possible. Their decisions have increasingly been unconstitutional.

They threw out all hope of remaining remotely constitutional when they ruled in Gonzales v. Raich.

See: http://en.wikipedia.org/wiki/Gonzales_v._Raich and http://en.wikipedia.org/wiki/Wickard_v._Filburn