[Krsqk]

Oh, I'm not against having laws against telemarketing; I'm just against federal laws for such things. The Constitution/Bill of Rights does not specifically empower the federal government to deal with the matter, and Article X indeed reserves that right to the states. If each state wants to ban it, fine. If a telemarketer wants to call long-distance to get around it, that's a waste of their money, and not many will.

I would note that I'm opposed to the current trend of amending state constitutions by popular vote to pass legislation which hasn't made it through the legislature (in relation to this topic, constitutionally mandating a do-not-call list). Constitutions are not made to be flexible enough to deal with legislative issues, especially issues with fiscal impacts (IOW, almost all of them).