Where does the FAA claim it gets the power to regulate drones which are only engaged in INTRA-state commerce and flying too low to interfere with interstate air traffic? Seems to me that's the state's job.
(Similarly with the FCC and radio signals that are too weak to be decoded outside the state of origin or substantially interfere with reasonable interstate services. Sure "radio goes on forever". But so does sound - with the same inverse-square law and similar interference characteristics - and we get along just fine without federal regulation of speech and bullhorns.)